Mecklenburg County NcArchives Court.....Chairman, V. Clark & Springs 1825
************************************************
Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm
http://www.usgwarchives.net/nc/ncfiles.htm
************************************************

File contributed for use in USGenWeb Archives by:
Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 January 25, 2009, 1:45 pm

Source: Nc Reports, Vol 11, 1897
Written: 1825

December Term, 1825

CHAIRMAN OF MECKLENBURG County Court, to the use of (43) M'Bride v. CLARK AND 
SPRINGS.

From Mecklenburg.

The record of a recovery by the creditor of an intestate against his 
administrator, is not evidence in a suit by the creditor against the 
securities of the administrator.

This was an action of debt on an administration bond, tried below, before 
Nash, Judge; and on the trial it appeared that George Hampton had been 
appointed administrator to the estate of Thomas Henderson, and entered into 
bond with the defendants as his sureties. M'Bride, a creditor of Henderson, 
had sued Hampton and recovered judgment, which was unsatisfied, Hampton being 
insolvent; and in this suit M'Bride was permitted to offer as prima facie 
evidence, the record of the recovery against Hampton. The admission of this 
testimony formed the ground of a motion for a new trial; and defendants 
contended also that this action would not lie against them.

Per Curiam.  This case presents the precise question that was made in 
M'Kellar v. Bowers, decided at this term. In that case the Superior Court 
rejected the evidence properly; in this case it was erroneously admitted. The 
judgment here must consequently be reversed.

Judgment reversed.

Cited, Moore v. Alexander, 90 N. C., 34.

Additional Comments:
North Carolina Reports, Volume 11
Cases Argued and Determined in the SUPREME COURT of NORTH CAROLINA.
For December Term 1825 and June Term 1826 
by Francis L Hawks (Vol. IV)
Annotated by Walter Clark
Richmond: James E Goode Printing Company, Printers
1897



This file has been created by a form at http://www.genrecords.org/ncfiles/

File size: 2.2 Kb