Nisbet v. . Stewart
Supreme Court of North Carolina
This action was brought by the plaintiff, who is a citizen of the state of Georgia, against the defendant, as the executrix of one Finley G. Stewart, deceased. The defendant plead, “ ne tinques executrixto which the plaintiff replied, that she was executrix of her own wrong; and upon this replication issue was joined.
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This action was brought by the plaintiff, who is a citizen of the state of Georgia, against the defendant, as the executrix of one Finley G. Stewart, deceased. The defendant plead, “ ne tinques executrixto which the plaintiff replied, that she was executrix of her own wrong; and upon this replication issue was joined. Upon the trial at Iredell, on the last Circuit, before his Honor Judge Dick, it appeared in- evidence, that Finley G. Stewart, whose residence had been in the state of Georgia, came to Iredell county in this state, on a visit to the defendant, who was his mother, and there died:…
1Opinion of the Court
Daniel, Judge,.after stating the case as above, proceeded : — Judge Story, in delivering his opinion in the case of Trecothick v. Austin, 4 Mason’s Rep. 32, said, that the general position stated at the bar, that no executor or administrator appointed under a foreign government, can, in virtue of such appointment, sue in our courts, is ted. But payments voluntarily made to a foreign administrator would now be held effectual in our courts upon the principles of national comity. This doctrine is supported by Atkins v. Smith, 2 Atk. 63, and still more fully and forcibly illustrated by the…
2Cited by2 opinions
- Stevens v. . SmartSupreme Court of North Carolina · 1814
- Butts v. . PriceSupreme Court of North Carolina · 1800