Donnelly v. . Wilcox
Supreme Court of North Carolina
Civil ACTION, tried before Mclver, J., at Spring Term, 1893, of Ashe Superior Court. His Honor being of the opinion that a judgment rendered by.the Clerk of the Superior Court in a proceeding between the same parties for the same purpose (an account and settlement of defendant as guardian of feme plaintiff) was in force, and not having been impeached by the pleading, and could not be attacked collaterally, and was a bar to this action, the plaintiffs submitted to a nonsuit…
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Civil ACTION, tried before Mclver, J., at Spring Term, 1893, of Ashe Superior Court. His Honor being of the opinion that a judgment rendered by.the Clerk of the Superior Court in a proceeding between the same parties for the same purpose (an account and settlement of defendant as guardian of feme plaintiff) was in force, and not having been impeached by the pleading, and could not be attacked collaterally, and was a bar to this action, the plaintiffs submitted to a nonsuit and appealed. The pertinent facts are stated in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
The Clerk of the Superior Court had jurisdiction of the proceeding against the guardian for a settlement. The Code, § 1619; Rowland v. Thompson, 64 N. C., 714; Rowland v. Thompson, 65 N. C., 110; Sudderth v. McCombs, 65 N. C., 186 (which also holds that the Superior Court at term would not have original jurisdiction of such action); McNeill v. Hodges, 105 N. C., 52. The judgment rendered by the Clerk in the former proceeding was between the same parties and upon the same question now litigated, and is an estoppel to the present action (Williams v. Clouse, 91 N. C., 322; Collins v.…
2Cases cited6 opinions
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Williams v. . ClouseSupreme Court of North Carolina · 1884
- Rowland v. . ThompsonSupreme Court of North Carolina · 1870
- Rowland v. . Thompson v. .Supreme Court of North Carolina · 1871
- Sudderth v. . McCombsSupreme Court of North Carolina · 1871
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3Cited by2 opinions
- Fire Insurance Co. v. King, TrusteeCourt of Appeals of Texas · 1903
- Lemmon v. OsbornIndiana Supreme Court · 1899