Holmes v. . Foster

78 N.C. 35

• Court: Supreme Court of North Carolina
• Decided: January 5, 1878
• Status: Published

Opinion

Faircloth, J.

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.

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.

Error.

FeR Cubiam. Judgment accordingly-