White v. Arrington's Ex'ors

Supreme Court of North Carolina

White v. Arrington's Ex'ors

25 N.C. 166

DecidedDecember 5, 1842

StatusPublished

This text of 25 N.C. 166 (White v. Arrington's Ex'ors) 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

White v. Arrington's Ex'ors, 25 N.C. 166 (N.C. 1842).

Pincite

Opinion

Daniel, J.

It is admitted by the defendants’ counsel, that, at common law, an exeeutor, after he is sued and has notice of the writ, cannot be allowed, under the plea of pie-ne administravit, to give in evidence a voluntary payment, without suit, of a debt of equal or inferior dignity to that sued ou; Williams Ex. 679, 1213, 1214. By the statute, (Rev. Stat. c. 46, s. 23,) “no executor or administrator shall be compelled to plead to any original suit brought against him in any court, until the expiiation of nine calendar months from and after his taking upon himself the office of executor or administrator.” At the first term, after the time given him by the act has expired, be most plead, or the plaintiff may take judgment by default against him. The act was only intended to give to executors and administrators an opportunity to learn the amount and nature of the debts, and also the amount of the assets, so as to enable them to act and plead understanding^. The act does not alter the rules of the common law, in any other particular thui, we are aware of. The judgment must be affirmed.

Per Curiam. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Daniel, J.

It is admitted by the defendants’ counsel, that, at common law, an exeeutor, after he is sued and has notice of the writ, cannot be allowed, under the plea of pie-ne administravit, to give in evidence a voluntary payment, without suit, of a debt of equal or inferior dignity to that sued ou; Williams Ex. 679, 1213, 1214. By the statute, (Rev. Stat. c. 46, s. 23,) “no executor or administrator shall be compelled to plead to any original suit brought against him in any court, until the expiiation of nine calendar months from and after his taking upon himself the office of executor or administrator.” At the first term, after the time given him by the act has expired, be most plead, or the plaintiff may take judgment by default against him. The act was only intended to give to executors and administrators an opportunity to learn the amount and nature of the debts, and also the amount of the assets, so as to enable them to act and plead understanding^. The act does not alter the rules of the common law, in any other particular thui, we are aware of. The judgment must be affirmed.

Per Curiam. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

25 N.C. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-arringtons-exors-nc-1842.