Moore v. . Smith
Supreme Court of North Carolina
Civil ACTION, heard before Bryan, J., at January Term, 1895, of RooKINGham Superior Court. 1. In July, 1862, Pleasant W. Moore died intestate in Henry County, Ya., and in October, 1862, Drury Smith was duly qualified as administrator of said Moore in Rock-ingham County, N. C., and filed his bond in the penal sum of §20,000, with H. C. Wooten, James W. Trent and John W. Morris as sureties on said bond, all of said sureties being then and now citizens of Henry County, Ya.
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Civil ACTION, heard before Bryan, J., at January Term, 1895, of RooKINGham Superior Court. 1. In July, 1862, Pleasant W. Moore died intestate in Henry County, Ya., and in October, 1862, Drury Smith was duly qualified as administrator of said Moore in Rock-ingham County, N. C., and filed his bond in the penal sum of §20,000, with H. C. Wooten, James W. Trent and John W. Morris as sureties on said bond, all of said sureties being then and now citizens of Henry County, Ya. The plaintiffs are the heirs-at-law and distributees of said P. W. Moore. 2. In 1872 said Drury Smith died intestate and the…
1Opinion of the CourtEatroloth, C. J.
(after stating the facts): His Honor ordered an account of the estate of Smith to be taken and reserved the question of the personal liability of the defendant administrators until the referee’s report is filed. The question more elaborately argued before us was as to the effect of the Virginia judgment against the defendant administrators, Darien and Gf. W. Smith. ¥e find it unnecessary to enter into that question, because that judgment was unquestionably valid against‘the sureties Trent and Morris, who are now plaintiffs in this action. That judgment is also competent evidence against the…
2Cases cited3 opinions
- Scott v. . TimberlakeSupreme Court of North Carolina · 1880
- Lewis v. FortSupreme Court of North Carolina · 1876
- Hare v. . GrantSupreme Court of North Carolina · 1877
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- United States Fidelity & Guaranty Co. v. ParkerWyoming Supreme Court · 1912
- Lewis v. . FortSupreme Court of North Carolina · 1876
- McCampbell v. . McClungSupreme Court of North Carolina · 1876