Commissioners of Alamance v. . Blair
Supreme Court of North Carolina
Liability of Administrator — Amendments to Pleadings. Civil ACTION, tried at Fall Term, 1876, of RANDOLPH Superior Court, before Kerr, J. Ilis Honor, by consent of the parties, found the facts to-be as follows: In 1864 or 1865, the County of Randolph became indebted to sundry citizens of Alamance County, including the Sheriff, Jailor and Cleric of the Superior Court,, in the sum of $441.85 for costs and jail fees, incurred'by the removal of the case of State v. Modlin and…
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Liability of Administrator — Amendments to Pleadings. Civil ACTION, tried at Fall Term, 1876, of RANDOLPH Superior Court, before Kerr, J. Ilis Honor, by consent of the parties, found the facts to-be as follows: In 1864 or 1865, the County of Randolph became indebted to sundry citizens of Alamance County, including the Sheriff, Jailor and Cleric of the Superior Court,, in the sum of $441.85 for costs and jail fees, incurred'by the removal of the case of State v. Modlin and other’s (who were-charged with burglary) from Randolph to Alamance for trial. At Spring Term, I860, of the Superior Court…
1Opinion of the CourtRodmaN, J.
It is conceded by both parties, that upon the-facts found by the Judge, the plaintiffs wore not entitled to-the judgment demanded in their complaint, which was against Blair as administrator of Bulla. Bulla never received the-money and was never indebted to the plaintiffs. We may assume for the piresent purpose, that upon the facts found, the plaintiffs were entitled to judgment against Blair individually. The plaintiffs without moving to amend their com plaint so as to make it conform to the proof moved the ■Court for a judgment against Blair individually which the ■Court refused and…
2Cited by4 opinions
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- Thompson v. . DavisSupreme Court of North Carolina · 1944
- Goodwin v. Caraleigh Phosphate & Fertilizer WorksSupreme Court of North Carolina · 1897
- Jones v. Commissioners of Franklin CountySupreme Court of North Carolina · 1902