{
  "id": 8653636,
  "name": "ANNIE TYER, Administratrix of IRVING TYER v. J. B. BLADES LUMBER COMPANY",
  "name_abbreviation": "Tyer v. J. B. Blades Lumber Co.",
  "decision_date": "1924-10-01",
  "docket_number": "",
  "first_page": "274",
  "last_page": "275",
  "citations": [
    {
      "type": "official",
      "cite": "188 N.C. 274"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "155 N. C., 136",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8651879
      ],
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        "/nc/155/0136-01"
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    {
      "cite": "158 N. C., 396",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
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  "last_updated": "2023-07-14T18:44:41.585516+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ANNIE TYER, Administratrix of IRVING TYER v. J. B. BLADES LUMBER COMPANY."
    ],
    "opinions": [
      {
        "text": "Adams, J.\nTbe death of tbe intestate occurred on 11 August, 1922, in Craven County. On 21 September, 1922, letters of administration were granted by tbe clerk of tbe Superior Court of Beaufort County to Asbury Tyer, a surviving brother, and on 8 December, 1922, tbe clerk of tbe Superior Court of Craven County likewise issued letters of administration to Annie Tyer, theintestate\u2019s widow. On 21 September, 1922, Asbury Tyer as administrator brought suit against tbe defendant in Beaufort County to recover damages for wrongful death, and thereafter Annie Tyer as administratrix brought a similar suit in Craven. On 22 December, 1922, the defendant filed a petition before the clerk of the Superior Court of Beaufort County to revoke the letters issued to Asbury Tyer, and the clerk\u2019s denial of the petition was approved by the Superior Court on appeal. On 7 April, 1924, the defendant instituted a like proceeding before the clerk of the Superior Court of Craven for the recall of the letters issued to the intestate\u2019s widow. The clerk\u2019s order denying this motion was in like manner approved on appeal to the Superior Court.\n\u00a5e have therefore the singular situation of two suits for the recovery of damages against one defendant, pending in different counties and separately prosecuted by two personal representatives of one decedent. It hardly need be said that both administrations cannot be maintained. One must yield to the other, and the prevailing jurisdiction is defined by statute. The clerk who first gains and exercises jurisdiction of the administration of an estate thereby acquires sole and exclusive jurisdiction even if the decedent at the time of his death had his fixed place of domicile in more than one county. C. S., 2; subsec. 1 (2). And such jurisdiction when once acquired cannot be collaterally impeached. Batchelor v. Overton, 158 N. C., 396; Fann v. R. R., 155 N. C., 136.\nWe have held that the judgment approving the appointment of Asbury Tyer was free from error, and as the clerk of the Superior Court of Beaufort had exclusive jurisdiction the letters of administration granted to Annie Tyer should be revoked.\nThe judgment is\nReversed.",
        "type": "majority",
        "author": "Adams, J."
      }
    ],
    "attorneys": [
      "Ernest M. Green for plaintiff.",
      "O. H. Gui\u00f3n for defendants."
    ],
    "corrections": "",
    "head_matter": "ANNIE TYER, Administratrix of IRVING TYER v. J. B. BLADES LUMBER COMPANY.\n(Filed 1 October, 1924.)\n1. Administration \u2014 Letters\u2014Clerks of Court \u2014 Executors and Administrators \u2014 Jurisdiction.\nWhere applied for and granted to separate applicants for letters of administration in two counties, the one first acquiring jurisdiction has the sole. and exclusive jurisdiction, though the decedent, at the time of his death, had his fixed domicile in both counties. C. S., 2, subsec. 1 (2) ; and this jurisdiction, when once acquired, cannot be collaterally impeached.\n2. Same \u2014 Appeal and Error.\nWhere the clerks of two counties have granted letters of administration to separate parties, and in the Superior Court of each county, the judgment of the respective clerks has been affirmed, the Superior Court will determine which of1 the letters were properly granted.\nAppeal by defendant from Midyette, J., denying defendant\u2019s motion to revoke plaintiff\u2019s letters of administration on tbe estate of Irving Tyer, deceased. From Craven.\nErnest M. Green for plaintiff.\nO. H. Gui\u00f3n for defendants."
  },
  "file_name": "0274-01",
  "first_page_order": 344,
  "last_page_order": 345
}