Marsh v. Grist, 62 N.C. 349, 1 Phil. Eq. 349 (1868)

Jan. 1868 · Supreme Court of North Carolina

62 N.C. 349, 1 Phil. Eq. 349

EDWARD S. MARSH for himself and others v. JAMES R. GRIST Adm’r of Allen Grist deceased.

Courts of Equity are not bound by the statute allowing executors and administrators nine months to plead.

(Smidridge v. Spurgen, 2 Ire. Eq., 289, cited and approved.)

Creditors’ Bill, filed to Spring Term 18G7 of the Court of Equity for Beaufort. The defendant having been appointed administrator in the preceding month of March, moved that he be allowed nine months to plead. His Honor Mitchell J. overruled the motion, and no ansrver being put in, rendered a decree pro confesso. Whereupon the defendant appealed.

No further statement is necessary.

Fowle & Badger, for the appellant.

Rodman and Barter, contra.

Reade, J.

The statute allowing executors and administrators nine months to plead, does not apply to Courts of Equity. “ Statutes which confer rights or regulate contracts must be observed by all courts, but those which regulate matters of practice or the course of proceeding have never been considered as applying to Courts of Equity unless specially mentioned. The reason is, that those courts have peculiar jurisdiction and a course of proceeding subject to be modified by the Chancellor to suit the justice of each case.” Sandridge v. Spurgen, 2 Ire. Eq., 269.

There is no error. The defendant must pay the costs of this court.

Per Curiam

Decree accordingly.