Barrett v. . Henry
Supreme Court of North Carolina
Appeal from an order made at Fall Term, 1880, of ÁNSON •Superior Court, by Avery, J. The plaintiffs allege that in 1849 Joel Rushing, the intestate of the defendant, Henry, was appointed the guardian -of the female plaintiffs, Emeline P. Williams and Margaret .Ann Broadaway, and took into his possession their estate ■which came to them from their deceased father, and died without having accounted to them therefor, and the prayer •of the complaint is for an account now to be…
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Appeal from an order made at Fall Term, 1880, of ÁNSON •Superior Court, by Avery, J. The plaintiffs allege that in 1849 Joel Rushing, the intestate of the defendant, Henry, was appointed the guardian -of the female plaintiffs, Emeline P. Williams and Margaret .Ann Broadaway, and took into his possession their estate ■which came to them from their deceased father, and died without having accounted to them therefor, and the prayer •of the complaint is for an account now to be taken. The defendant Henry substantially admits the guardianship, but avers that his intestate settled with the…
1Opinion of the CourtRuffin, J.
It is not to be denied that some confusion, as well as some conflict of authority, has arisen from a failure at times to observe properly the distinction which exists between a mere reference to state an account, as a step preparatory to the trial of a cause, and a trial of the cause by a referee under the provisions of the code.
Ordinarily when an action for an account is entertained by the court,- the first thing to be done, after the parties and pleadings are before the court, is, to determine the question whether the plaintiff is entitled to a decree for an account. If the defendant…
2Cases cited2 opinions
- Mebane v. . MebaneSupreme Court of North Carolina · 1879
- Flemming v. . RobertsSupreme Court of North Carolina · 1877
3Cited by5 opinions
- Morisey v. . SwinsonSupreme Court of North Carolina · 1889
- Usry v. . SuitSupreme Court of North Carolina · 1884
- Trook v. CrouchIndiana Court of Appeals · 1923
- Johnson v. . LoftinSupreme Court of North Carolina · 1892
- Chalk v. Trader's National BankSupreme Court of North Carolina · 1882