Williams v. . Williams
Supreme Court of North Carolina
Special Proceeding- for an Account and Settlement commenced in the Probate Court, and heard on appeal at Spring Term, 1877, of Person Superior Court, before' Cox, J. The main facts appear in the opinion.
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Special Proceeding- for an Account and Settlement commenced in the Probate Court, and heard on appeal at Spring Term, 1877, of Person Superior Court, before' Cox, J. The main facts appear in the opinion. In the account-stated, the plaintiff’was charged with the amount of a note-executed to the defendants in 1864, and. to which among-other items he filed an exception, and insisted that the money was borrowed to pay for a substitute in the confederate service, and that the consideration was therefore illegal, and that defendants knew this was the purpose for which the money was used. His Honor…
1Opinion of the CourtBynum, J.
This case under various phases has been before us several times. See 70 N. C. 665; 71 N. C., 427 ; 74 N. C., 1. An account had been stated between the parties, and a judgment thereon had been rendered against the- ■defendants. Upon affidavits filed, that certain payments made by the administrators to the plaintiff on account of his distributive share had not been taken into the account, the judgment was set aside and the account re-opened to the extent of letting in those omitted payments and the other just credits specified in the affidavits. 74 N. C., 1. In restating the account for that…
2Cases cited3 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1874
- Williams v. WilliamsSupreme Court of North Carolina · 1874
- Williams v. . WilliamsSupreme Court of North Carolina · 1876
3Cited by1 opinion
- Williams v. . GreenSupreme Court of North Carolina · 1879