Legal Opinion

Thompson v. . Badham

Supreme Court of North Carolina

Decided January 5, 1874PublishedCited by 1 opinion

Civil aotioít, commenced in a Justice’s Courc, from which the transcript of the judgment in favor of the plaintiff, was filed in the Superior Court of ChowAN'County, where a motion in the cause was heard by Albertson, J., at Fall Term, 1873. The facts are: ¥m, Badham died intestate, a citizen of Chowan County, in 1863, and administration on his estate was granted to the defendant, Mary G. Badham, in 1865, who administered the estate from the time of her qualification, to the…

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Civil aotioít, commenced in a Justice’s Courc, from which the transcript of the judgment in favor of the plaintiff, was filed in the Superior Court of ChowAN'County, where a motion in the cause was heard by Albertson, J., at Fall Term, 1873. The facts are: ¥m, Badham died intestate, a citizen of Chowan County, in 1863, and administration on his estate was granted to the defendant, Mary G. Badham, in 1865, who administered the estate from the time of her qualification, to the time of her death, in 1871. In 1871, plaintiff obtained in a Justice’s Court, a judgment against Mary Gr. Badham, the…

1Opinion of the CourtRodMAN, J.

Three questions are presented in this case:

1. Can a plaintiff who has recovered judgment against an administrator, revive or enforce the judgment after the death of the administrator, against an administrator de bonis non.

At common law there was no privity between an administrator and an administrator de bonis non. Ellison v. An drews, 12 Ired. 190. If an administrator recovered a judgment and died before collecting it, it became ineffectual. The ad ministrator de bonis non could not sue on it, or avail himself of it in any way, though he might sue on the original cause of action. Grant v.…

2Cases cited4 opinions

  1. City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
  2. Jarman v. . SaundersSupreme Court of North Carolina · 1870
  3. Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
  4. Steele v. LinebergerSupreme Court of Pennsylvania · 1868

3Cited by1 opinion

  1. Mabry v. . HenrySupreme Court of North Carolina · 1880

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