Nunnery v. . Averitt
Supreme Court of North Carolina
This was a civil action to surcharge and falsify an account, begun before’the Clerk and heard before Boykin, J, upon the pleadings and the facts found by the Court, at the May Term, 1892, of Cumberland Superior Court. • The Court found that John Averitt, administrator of Wiley Nunnery, filed his final account, supported by proper vouchers, in the office of the Clerk of the Court in 183.5 or 1886. John C. Callahan was Clerk. The vouchers were left with the Clerk.
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This was a civil action to surcharge and falsify an account, begun before’the Clerk and heard before Boykin, J, upon the pleadings and the facts found by the Court, at the May Term, 1892, of Cumberland Superior Court. • The Court found that John Averitt, administrator of Wiley Nunnery, filed his final account, supported by proper vouchers, in the office of the Clerk of the Court in 183.5 or 1886. John C. Callahan was Clerk. The vouchers were left with the Clerk. The administration was taken out before the Clerk. None of Wiley Nunnery’s children or heirs at law werepresent at thetimeofthe…
1Opinion of the Court
Clark, J.:
It is found as a fact that the defendant administrator “ filed his final account, supported by proper vouchers,, in the office of the Clerk of the Court in 1865 or 1866, and by this return there was a small balance due the administrator by the estate.” This is, therefore, in effect, an action to surcharge, falsify and restate the account. The defendant pleads the six years statute of limitations, and also the statute of presumptions. The cause of action accrued when the final-account was filed, the running of the statute being suspended, as to those of the plaintiffs who were under…
2Cases cited5 opinions
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Culp v. . LeeSupreme Court of North Carolina · 1891
- Hodges v. . CouncilSupreme Court of North Carolina · 1882
- Bushee v. . SurlesSupreme Court of North Carolina · 1877
- Moore v. . GarnerSupreme Court of North Carolina · 1888
3Cited by14 opinions
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- Miller v. . MillerSupreme Court of North Carolina · 1931
- Edwards v. Lemmond.Supreme Court of North Carolina · 1904
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