Wharton v. Commissioners of Currituck
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1879, of Currituck Superior Court, before Gudger, J. The case is stated in the opinion. Judgment for plaintiff, appeal by defendants.
1Opinion of the CourtSmith, C. J.
On the 13th day of June, 1878, the plaintiffs’ intestate, David M. Carter, instituted his action against the defendant corporation in the superior court of Hyde to recover the value of certain bonds issued by the county of .Currituck, and then held by him. The plaintiff filed his complaint on the 11th day of November, and at fall term the following entry is made on the docket: “ Plaintiff takes a nonsuit. Judgment against the plaintiff for costs.”
No demand was made of the defendant before the suit was brought. After the intestate’s death the plaintiff, his administrator, sued out a summons…
2Cases cited5 opinions
- McKesson v. . MendenhallSupreme Court of North Carolina · 1870
- Straus, Hartman, Hofflin & Co. v. BeardsleySupreme Court of North Carolina · 1878
- Graham v. . TateSupreme Court of North Carolina · 1877
- Pescud v. . HawkinsSupreme Court of North Carolina · 1874
- Tate v. . PhillipsSupreme Court of North Carolina · 1877
3Cited by20 opinions
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Dockery v. Town of HamletSupreme Court of North Carolina · 1913
- Woodcock v. Bostic.Supreme Court of North Carolina · 1901
- Board of Education v. Town of GreenvilleSupreme Court of North Carolina · 1903
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