Bacon v. . Berry
Supreme Court of North Carolina
Prooeeimng in nature of creditor's bill heard at Pall Term, 1881, of Orange Superior Oou-rt, before Qudger, J. This was a creditor’s bill, filed by the plaintiff against defendant,- as administrator of Isaac Holden, deceased,, before the clerk of the court under the act of 1871-72, ch, 218, for an account and settlement of the" defendant’s administration, and for payment of a judgment which plaintiff’s testator, Duncan Carrington, had recovered before a justice of the peace…
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Prooeeimng in nature of creditor's bill heard at Pall Term, 1881, of Orange Superior Oou-rt, before Qudger, J. This was a creditor’s bill, filed by the plaintiff against defendant,- as administrator of Isaac Holden, deceased,, before the clerk of the court under the act of 1871-72, ch, 218, for an account and settlement of the" defendant’s administration, and for payment of a judgment which plaintiff’s testator, Duncan Carrington, had recovered before a justice of the peace against the defendant’s intestate. The' summons was dated March 4, 1881. The complaint alleged1. That on- the 10th of…
1Opinion of the CourtAshe, J.
This proceeding is in the nature of a creditor’s bill, filed under the act of 1871-72, ch, 213, and is for an account and settlement of the estate of the defendant’s intestate.
The matters set u,p in the first clause of the demurrer are insufficient to defeat the plaintiff’s action. Whether the judgment was dormant and the defendant had no right to issue execution thereon after the 10th day of August, 1873, or had no right to have the judgment transferred to the superior court and docketed, are questions totally irrelevant; and -for that reason, that clause of the demurrer should not have been…
2Cases cited1 opinion
- Green v. . the North Carolina Railroad Co.Supreme Court of North Carolina · 1875
3Cited by10 opinions
- State v. Georgia Co.Supreme Court of North Carolina · 1893
- Lewis v. ShaverSupreme Court of North Carolina · 1952
- Guilford v. . Georgia Co.Supreme Court of North Carolina · 1893
- Lynn v. . LoweSupreme Court of North Carolina · 1883
- Marshall Motor Co. v. Universal Credit Co.Supreme Court of North Carolina · 1941
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