Gulledge v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
AcTioosr to recover damages for tbe death of plaintiff’s intestate, tried before Webb., J., and a jury, at October Term, 1907, of AwsoN. There was a verdict and-judgment against defendant and an appeal therefrom to this Oourt.
1Opinion of the CourtBrown, J.
The defendant moved to dismiss the action because the evidence of plaintiff disclosed that the action had not been commenced within one year from the death of plaintiff’s intestate. The intestate died 16 April, 1902, and the action was not commenced until 26 January, 1906. The plaintiff contends that the statute of limitations has not been pleaded in the answer, and, further, that there was a prolonged contest over letters of administration upon the intestate’s, estate, begun 7 June, 1902, and ended in June, 1905, which time should not be counted, under Revisal, sec. 369. This action is…
2Cases cited3 opinions
- Best v. . Town of KinstonSupreme Court of North Carolina · 1890
- Hartness v. Pharr.Supreme Court of North Carolina · 1903
- Tayloe v. Parker.Supreme Court of North Carolina · 1905
3Cited by26 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Hartray v. Chicago Railways Co.Illinois Supreme Court · 1919
- Matheny v. PorterCourt of Appeals for the Tenth Circuit · 1946
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
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