Galloway v. . McKeithen
Supreme Court of North Carolina
Appeal from an interlocutory order of the Superior Court of Law of Brunswick County, at Fall Term 1844, his Honor Judge Bailey presiding. The case was this: At March Term, 1837, of Brunswick County Court, administration on the estate of J. Corbit, deceased, was granted to the plaintiff, Nathaniel Galloway. John McKeithen, who opposed it, took an appeal to the Superior Court.
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Appeal from an interlocutory order of the Superior Court of Law of Brunswick County, at Fall Term 1844, his Honor Judge Bailey presiding. The case was this: At March Term, 1837, of Brunswick County Court, administration on the estate of J. Corbit, deceased, was granted to the plaintiff, Nathaniel Galloway. John McKeithen, who opposed it, took an appeal to the Superior Court. At June Term, 1837, of the Superior Court, it was ordered, that the administration should be granted to the said Nathaniel Galloway, and his wife Penina, on their giving bond in the penalty of $8000; and that a writ of…
1Opinion of the CourtDaNiel, J.
We think that the Judge erred in non-suiting the plaintiffs. The County Court of Brunswick, at the December Session, 1842, had a right to amend any omission in the record of the same court, which had taken place at June Term 1837, by the act of the court or the clerk. And, when the record was thus amended, it stood as if it liad never been defective, or as if all the entries had been made and completed at the June Session of 1837; for the affidavits, motions and orders, which were made at the December Session 1842, were not, and ought not to have been, incorporated in the amended record of…
2Cited by9 opinions
- Masters v. DunstanSupreme Court of North Carolina · 1962
- State v. CannonSupreme Court of North Carolina · 1956
- R. R. v. . ReidSupreme Court of North Carolina · 1924
- STATE TRUST COMPANY v. TomsSupreme Court of North Carolina · 1956
- Chapman v. StubbsSupreme Court of Florida · 1933
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