Bennehan v. . Webb
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Orange County, at the Spring Term, 1845, his Honor Judge Caldwell presiding. This is a ease agreed, and is as follows. The plaintiff brought an action of debt on a bond, executed by the defendants and Archibald Yarborough, deceased.
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Appeal from the Superior Court of Law of Orange County, at the Spring Term, 1845, his Honor Judge Caldwell presiding. This is a ease agreed, and is as follows. The plaintiff brought an action of debt on a bond, executed by the defendants and Archibald Yarborough, deceased. The defendant Yarborough, pleaded fully administered, and, to sustain his plea, shewed, that Archibald Yarborough, on the 30th of March, 1841, executed to the State his bond for the sum of $5000, and on the 15th of April executed another bond to the State for $1600, each having the same condition. From the condition of the…
1Opinion of the CourtNash, J.
We are of opinion that there is error in that part of the judgment, affecting the assets of Archibald Yarborough, in the hands of his executor.
The members of this Court, upon whom has devolved tlie responsibility of deciding this case, greatly regret, that, in the performance of this duty, they have not been aided by an argument at the Bar, and still more that they have been deprived of the assistance of his Honor, the Chief Justice, who, being connected with some of the parties, has declined to sit in the cause or interfere in its decision. Under these circumstances, wc consider it not only…
2Cited by6 opinions
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- City of Washington v. Trust Co. of WashingtonSupreme Court of North Carolina · 1933
- Embry v. Midland Land Co.Supreme Court of Oklahoma · 1915
- Breeding v. JordanSupreme Court of Iowa · 1902
- Phoenix Mill Co. v. KresgeSupreme Court of Pennsylvania · 1916
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