Moore v. . Edwards
Supreme Court of North Carolina
Civil ACTION, tried before Avery, Judge, and a jury at Spring Term, 1884, of Norti-iamptoN Superior Court. This was a creditor’s bill, commenced by J. I). Edwards as a creditor of J. M. Edwards, deceased, and against W. J. Edwards as administrator of J. M. Edwards, before James I). Boone, clerk of the Superior Court of Northampton county.
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Civil ACTION, tried before Avery, Judge, and a jury at Spring Term, 1884, of Norti-iamptoN Superior Court. This was a creditor’s bill, commenced by J. I). Edwards as a creditor of J. M. Edwards, deceased, and against W. J. Edwards as administrator of J. M. Edwards, before James I). Boone, clerk of the Superior Court of Northampton county. Moore filed his complaint, setting forth as a cause of action, that J. M. Edwards, at the time of his death, ivas indebted to the plaintiff in the sum of forty-five ($45) dollars, and that on the 6th day of June, 1876, he reduced said claim to judgment, in…
1Opinion of the Court
Ashe, J.,
after stating the facts: This is an anomalous case. The plaintiff, who is a judgment creditor of the defendant, brings his action in his own behalf and in that of all the creditors of the defendant who will make themselves’ parties to the action for a settlement of the estate of defendant’s intestate. A number of claims are presented to the administrator, and among them, one by the creditor Rogers. The plaintiffs dispute the claim of Rogers, and say it is barred by the statute of limitations. Rogers then files his complaint, and instead of establishing his claim and securing a status…
2Cases cited1 opinion
- G. W. Reid and Jacob Allen v. . Wm. SpoonSupreme Court of North Carolina · 1872
3Cited by2 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891