Practice — Judgment Against Administrator.
In an action against an administrator upon a note executed by him for a debt of his intestate, when the intestate died 26 November, 1869, and administration was granted upon his estate 13 December, 1869, the Superior Court had jurisdiction to give judgment against the administrator only for the purpose of ascertaining the debt; it had no authority in such action to investigate his accounts or to fix him with assets by any judgment.
FAIRCLOTH, J.
This action was commenced after 1 July, 1869, and before the act of 1876-77, ch. 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 sec. 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.
PER CURIAM. Reversed.
Cited: Grant v. Bell, 91 N.C. 496.
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