Sudderth v. . McCombs
Supreme Court of North Carolina
This was an action brought in tbe Superior Court of Cherokee County, by the plaintiff as guardian, against the administrators of the former guardian of his wards for an account. There was a reference for an account, and- upon the return of the report both parties filed exceptions, which came on for hearing before his Honor, Judge Cannon, and from his judgment thereon the plaintiff appealed.
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This was an action brought in tbe Superior Court of Cherokee County, by the plaintiff as guardian, against the administrators of the former guardian of his wards for an account. There was a reference for an account, and- upon the return of the report both parties filed exceptions, which came on for hearing before his Honor, Judge Cannon, and from his judgment thereon the plaintiff appealed. No statement of the facts is necessary, as it will sufficiently appear in the opinion of the Court.
1Opinion of the CourtRodman, J.
This is an action by the guardian of the infant children of Abram Harshaw against the defendants as administrators of A. Sudderth, the former guardian, brought in the Superior Court of Cherokee County. An account was taken and reported by the order of the court, to which exceptions were filed by both parties, and it is by appeal from the Judge’s rulings upon these exceptions that the case comes to this Court.
We have decided in Rowland v. Thompson, at this term, that the Superior Court has no original jurisdiction of an action by a ward against his guardian for an account, but that it must be…
2Cases cited1 opinion
- State Ex Rel. White v. RobinsonSupreme Court of North Carolina · 1870
3Cited by5 opinions
- Donnelly v. . WilcoxSupreme Court of North Carolina · 1893
- Dockery v. . French .Supreme Court of North Carolina · 1875
- Sudderth v. . McCombsSupreme Court of North Carolina · 1880
- Mabry v. . EngelhardSupreme Court of North Carolina · 1874
- Williams Adm'r. v. . Williams .Supreme Court of North Carolina · 1875