Brittain v. . Mull
Supreme Court of North Carolina
Proceeding for dower heard at Spring Term, 1883, of Burke Superior Court, before Gudger, J. The plaintiff sues as the widow of James Brittain, who died intestate in October of 1876, and the defendants áre his heirs-at-law. The plaintiff brought her action in the superior court before the clerk thereof, to obtain dower in the lands of her deceased husband. To this end she filed her petition and the defendants answered the same.
Read the full summary
Proceeding for dower heard at Spring Term, 1883, of Burke Superior Court, before Gudger, J. The plaintiff sues as the widow of James Brittain, who died intestate in October of 1876, and the defendants áre his heirs-at-law. The plaintiff brought her action in the superior court before the clerk thereof, to obtain dower in the lands of her deceased husband. To this end she filed her petition and the defendants answered the same. Issues of fact were raised by the pleadings, and the clerk transferred the case to the civil issue docket for the trial of the issues at the ensuing term of the…
1Opinion of the Court
Merrimon, J.,
after stating the above. It should be observed that section 17, of article four, of the constitution of 1868, prescribing certain jurisdiction of the clerks of the superior courts, is not retained in the constitution as amended by the convention of 1875. Such clerks now have no jurisdiction prescribed by the constitution. And the office or place of judge of probate is abolished by The Code, §102. There is now no judge of probate, so denominated.
So that, the special jurisdiction of clerks of the superior courts, and as well, their general duties as clerks, are now prescribed by…
2Cited by32 opinions
- Roseman v. Roseman.Supreme Court of North Carolina · 1900
- In Re Estate of LowtherSupreme Court of North Carolina · 1967
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Haddock v. StocksSupreme Court of North Carolina · 1914
- Edwards v. CobbSupreme Court of North Carolina · 1886
27 more not listed; retrieve them via the Exa API.