Rollins v. Ebbs.
Supreme Court of North Carolina
On Petition of Plaintiff to Rehear; for former opinion, see 131 N. C., '355. The action was instituted by Thomas S. Rollins, present guardian of J ames Blaine House, against F. 0. Ebbs former guardian, and the sureties on his guardian bond to recover for default of the principal.
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On Petition of Plaintiff to Rehear; for former opinion, see 131 N. C., '355. The action was instituted by Thomas S. Rollins, present guardian of J ames Blaine House, against F. 0. Ebbs former guardian, and the sureties on his guardian bond to recover for default of the principal. On the trial below at May term, 1904, of the Superior.Court of Haywood County, there was a verdict of the jury on issues submitted, and judgment on the verdict for the penalty of the bond, to be discharged on -the payment of $4,666.66 2-3 with interest, the amount of the default. On appeal to this court a new trial…
1Opinion of the Court
WALKER and CONNOR, JJ., dissenting. (141) The action was instituted by Thomas S. Rollins, present guardian of James Blaine House, against F. C. Ebbs, former guardian, and the sureties on his guardian bond, to recover for default of the principal. On the trial below at May Term, 1904, of the Superior Court of HAYWOOD County, there was a verdict of the jury on issues submitted, and judgment on the verdict for the penalty of the bond, to be discharged on the payment of $4,666.66 2-3 with interest, the amount of the default. On appeal to this Court a new trial was awarded, the majority of the…
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