May v. . Darden
Supreme Court of North Carolina
Civil ActioN upon a guardian bond tried at Spring Term, 1880, of Pitt Superior Court, before Avei'y, J. ■ Alfred Turnage, the former Guardian of Neta Turnage, and having funds in his hands belonging to the infant, died intestate on the 25th of June, 1879, and shortly thereafter the defendant, W. A. Darden, was appointed his administrator.
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Civil ActioN upon a guardian bond tried at Spring Term, 1880, of Pitt Superior Court, before Avei'y, J. ■ Alfred Turnage, the former Guardian of Neta Turnage, and having funds in his hands belonging to the infant, died intestate on the 25th of June, 1879, and shortly thereafter the defendant, W. A. Darden, was appointed his administrator. Some time early in August following, the relator, Alfred May, was appointed guardian to said infant, and on the 21st of the same month brought the present action against the defendant as administrator and the others, sureties on the guardian bond, to recover…
1Opinion of the CourtSjiith, C. J.
The only point presented in the appeal is the adjudication of costs against the defendant for the reasons assigned: 1st. That the claim was not presented for payment before suit. 2nd. That payment was not unreasonably delayed. 3d. Nor did the defendant refuse to refer the matter in controversy as provided by the act of 1868’-69.
The act referred to declares that “ no costs shall be recovered in any action against an executor, administrator or collector unless.it appears that the payment was unreasonably delayed or neglected, or that the defendant refused to refer the matter in controversy,…
2Cases cited1 opinion
- State v. . R. R.Supreme Court of North Carolina · 1876
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