Davis v. . Davis
Supreme Court of North Carolina
Appeal by plaintiff from Allen, J., at January Term, 1922 of WahkeN. R. B. Davis died 28 September, 1914, and on 22 October, 1914, O. C. Davis, one of tbe defendants, qualified as bis administrator, with tbe other defendant, tbe Fidelity and Deposit Company, as bis surety.
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Appeal by plaintiff from Allen, J., at January Term, 1922 of WahkeN. R. B. Davis died 28 September, 1914, and on 22 October, 1914, O. C. Davis, one of tbe defendants, qualified as bis administrator, with tbe other defendant, tbe Fidelity and Deposit Company, as bis surety. O. 0. Davis resigned as such administrator in 1918, and A. S. Bugg and ~W. M. Baird were appointed administrators cte bonis non of tbe estate of tbe said E. B. Davis, and these are among tbe plaintiffs in this action. Tbe other plaintiffs are tbe widow and children of E. B. Davis, some of whom are of age, and others are…
1Opinion of the Court
Walker, J.,
after stating tbe material facts: It is apparent from tbe record and judgment that tbe merits of this case have not been reached, and there is danger of doing grave injustice to tbe plaintiffs if tbe facts are not more definitely stated.
Tbe plaintiffs restricted their case, as presented here, to one exception, which was that relating to tbe ruling of tbe court upon the item as to tbe feeding and keep of tbe mules, asserting that tbe judge bad not properly found and stated tbe facts 'connected with it, and further, and more particularly, that the referee decided this item with them,…
2Cases cited8 opinions
- Thompson v. . SmithSupreme Court of North Carolina · 1911
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
- Commissioners v. . Packing Co.Supreme Court of North Carolina · 1904
- Ramsey v. Browder.Supreme Court of North Carolina · 1904
- Smith v. . SmithSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hardy and Co. v. . Turnage and TurnageSupreme Court of North Carolina · 1933
- Greer v. Board of CommissionersSupreme Court of North Carolina · 1926
- Terrell v. TerrellSupreme Court of North Carolina · 1967