Justices of Caswell County Court v. Buchanan

Supreme Court of North Carolina

Justices of Caswell County Court v. Buchanan

6 N.C. 40

DecidedJuly 5, 1811

StatusPublished

This text of 6 N.C. 40 (Justices of Caswell County Court v. Buchanan) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Justices of Caswell County Court v. Buchanan, 6 N.C. 40 (N.C. 1811).

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Opinion

Haxu, Judge,

delivered the opinion of the Court:

The act of 17'62, di. 5, gives to the County Court very great powers over the interests of orphans, and the conduct of guardians $ and does not, like the statute, of 2Sd Henry 6th, oh. 10, declare all o'her bonds to be rc:;L that arc not taken agreeable to its provisions. This action might, therefore, probably be sustained, were it not for the other objection which the case presents. Every Plaintiff must sue eilh.-r in his natural or corporate capacity j it cannot be pretended here that the *41 Plaintiffs sue ia either. As to the first, it is sufficient to observe, that their individual names are not inserted in the writ or declaration^ as to the latter, although they sue as justices, &c. yet they have never been created a corporation, by that name to sue or be sued, grant or receive, by its corporate name, and do all other acts as natural persons may — (1 Blac. Com. 476.) Judgment for the Defendant.

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Haxu, Judge,

delivered the opinion of the Court:

The act of 17'62, di. 5, gives to the County Court very great powers over the interests of orphans, and the conduct of guardians $ and does not, like the statute, of 2Sd Henry 6th, oh. 10, declare all o'her bonds to be rc:;L that arc not taken agreeable to its provisions. This action might, therefore, probably be sustained, were it not for the other objection which the case presents. Every Plaintiff must sue eilh.-r in his natural or corporate capacity j it cannot be pretended here that the *41 Plaintiffs sue ia either. As to the first, it is sufficient to observe, that their individual names are not inserted in the writ or declaration^ as to the latter, although they sue as justices, &c. yet they have never been created a corporation, by that name to sue or be sued, grant or receive, by its corporate name, and do all other acts as natural persons may — (1 Blac. Com. 476.) Judgment for the Defendant.

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6 N.C. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/justices-of-caswell-county-court-v-buchanan-nc-1811.