¶1We concur with the presiding Judge in this case. The ordinary had no jurisdiction, as has been repeatedly rlc.cided. The sureties can know nothing of the transactions of - ® the administrator. If the estate were represented, it might appear, from vouchers to be found among the papers of the ad-m- i.sirator, that the debt was paid.
17 S.C.L. 548
Ross v. Chambers
Court of Appeals of North Carolina
Decided May 15, 1830
Court of Appeals of North Carolina · decided 1830-05-15
<p>The ordinary possesses no jurisdiction to call the sureties to an administration ho^d to an account for the actings and doings of their principal: and where the ordinary made a decree against the sureties, in favor of a creditor of the estate, an a ppeal from his decision was dismissed on this ground; the decree itself being extrajudicial, and inoperative.</p> <p>vide Teague®, Denoy.StM'O. £¡ji, 209.</p>
Decided 1830-05-15