Stancill and Gay v. . Gay
Supreme Court of North Carolina
MOTION to set aside a judgment rendered in a special proceeding heard, on appeal from the decision of the clerk, before Shepherd, Judge, at Fall Term, 1883, of Halifax Superior Court.
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MOTION to set aside a judgment rendered in a special proceeding heard, on appeal from the decision of the clerk, before Shepherd, Judge, at Fall Term, 1883, of Halifax Superior Court. His Honor found the following facts : 1. That on the 25th day of March, 1871, S. T. Stancill and L. D. Gay, as administrators c. t. a. of Green Stancill, filed their final account of said administration, and on tbe same day caused a summons to be issued by the clerk against the present defendants. That service of the summons was accepted by all tbe defendants, except tbe three infants, Ida A. Stancill, Samuel D.…
1Opinion of the Court
His Honor found the following facts:
1. That on the 25th day of March, 1871, S. T. Stancill and L. D. Gay, as administrators c. t. a. of Green Stancill, filed their final account of said administration, and on the same day caused a summons to be issued by the clerk against the present defendants. That service of the summons was accepted by all the defendants, except the three infants, Ida A. Stancill, Samuel D. Long and Mattie Long. That no service was ever made on these infants, except a notice in reference to the appointment of a guardian ad litem. That no guardian ad litem was ever…
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