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78 N.C. 35

Holmes v. . Foster

Supreme Court of North Carolina

Decided January 5, 1878

Supreme Court of North Carolina · decided 1878-01-05

Civil Action, tried at Fall Term, 1876, of Rowan Superior 'Court, before Cloud, J. This was an action brought on the 6th of Óctdbéfr,' 187Í, to recover the value of a promissory note under seal executed by the defendants to the plaintiff, for a debt clue by their intestate, and the case was referred to the Clerk of the Court to take an account of the administration of the estate •of the defendants’ intestate (John Foster,'Sr.).

Cited by 1 later decisions — most recently March 1961

1 state decisions

Relies on Dunn v. . Barnes, Adm'r · Vaughn, Adm'r v. . Stephenson, Adm'r.

Good law ✅— No negative treatment on recordhow we know

Decided 1878-01-05

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Faircloth, J.

¶1 This action was commenced after July 1st, 1869, and before the Act of 1876-’77, eh. 241, and the-Court had jurisdiction to give judgment against the obligors, and for the purpose of ascertaining the amount of the debt against the administrator; but it had no authority to investigate his accounts or to fix him with assets by any judgment. Bat. Rev., ch. 45, § 95. Vaughn v. Stephenson, 69 N. C. 212; Dunn v. Barnes, 73 N. C. 273.

¶2 That part of the judgment which ascertains the debt as-•against the administrator is affirmed, and the other part is reversed. The defendant administrator will recover his-costs in this Court.

¶3 Error.

¶4 FeR Cubiam. Judgment accordingly-

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