Justices of Camden County v. Sawyer's Administrator
Supreme Court of North Carolina
From Camden. Sawyer, the Defendants’ intestate, was one of the securities lo a guardian bond, given by one Michcau, on Ms appointment as guardian to James M. Grandy. The bond bore date, February 5th, 1800, and was made payable “ to Joseph Jones and Stephen Sawyer, Esquires, and the rest of the Justices, assigned to keep the peace for Camden county.”
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From Camden. Sawyer, the Defendants’ intestate, was one of the securities lo a guardian bond, given by one Michcau, on Ms appointment as guardian to James M. Grandy. The bond bore date, February 5th, 1800, and was made payable “ to Joseph Jones and Stephen Sawyer, Esquires, and the rest of the Justices, assigned to keep the peace for Camden county.” Joseph Jones died in 1800 5 Stephen Sawyer survived him about ten years, and died intestate, and no letters of administration were taken out on his estate, before November, 1821, when James M. Grandy became his administrator. The writ in this suit…
1Opinion of the Court
Taylor, Chief-Justice,
delivered tiie opinion of the Court.
This is an application to amend the writ and declaration, by striking out the names of the parties, and tiie substitution of others, who were not in existence when the suit was brought, and between whom and the original Plaintiffs, iheie is no privity. The very general provisions for amendments, made by the act of 1790, after so many others, on the same subject, had been ineffectually passed, seem designed to overcome the remaining scruples of Courts$ and the act has, general-, ]y, been consi rued in the spirit by which it was…
2Cited by3 opinions
- Stanolind Oil & Gas Co. v. JamisonSupreme Court of Oklahoma · 1950
- Orkin Exterminating Company v. O'HANLONSupreme Court of North Carolina · 1956
- Cowper v. . EdwardsSuperior Court of North Carolina · 1792