{
  "id": 11984755,
  "name": "Rhodes vs. Gregory's administrators",
  "name_abbreviation": "Rhodes v. Gregory's administrators",
  "decision_date": "1805-07",
  "docket_number": "",
  "first_page": "351",
  "last_page": "352",
  "citations": [
    {
      "type": "nominative",
      "cite": "2 Hayw. 351"
    },
    {
      "type": "official",
      "cite": "3 N.C. 351"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Super. Ct.",
    "id": 22358,
    "name": "North Carolina Superior Court"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 142,
    "char_count": 1464,
    "ocr_confidence": 0.325,
    "sha256": "7b4dbcf8eafbf40ec41b26b38a0a4e9ab94b72328dba774bb8a5cd9e5d49621e",
    "simhash": "1:a034b6606089d5b7",
    "word_count": 261
  },
  "last_updated": "2023-07-14T20:25:52.833864+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Rhodes vs. Gregory's administrators."
    ],
    "opinions": [
      {
        "text": "Per curiam.\nIt has been decided in the Court of Conference, that such an action is not maintainable against executors after the death of defendant, then testator.\nOn the importunity of one of the defendant\u2019s counsel, the Judge agreed to carry the cause to the Court of Conference.",
        "type": "majority",
        "author": "Per curiam."
      }
    ],
    "attorneys": [
      "Karris, c contra."
    ],
    "corrections": "",
    "head_matter": "Rhodes vs. Gregory's administrators.\nHODEc took an attachment against Frazier for a debt due from him, and delivered the same to Gregory, the sheriff, who seized a Negro, and returned upon the attachment, that h\u00e9 escaped. Whereupon he sued Gregory in an action of debs upon the case, for negligence and misconduct in his office : Gre* gory died, and his administrator was brought is by \u00a1t\u00edrefacial.:, Andi\u00ed was now i as\u00eds ted by Mr. Graham, for the defendant, ih'at such an action would not lie at the common law against executors ; nor will it by force of the act of 1709, for that only makes a trespass survive against executors, where property, either real or personal, is involved in the decision to be made upon it.\nKarris, c contra.\nEither trespass extends to trespass on the case, as well as trespass vi ct armes; or if not, the equity of the act extends to this case. The motive of the act was to prevent a wrong by the death of the defendant, by subjecting his estate to make compensation. Here a wrong is done the plaintiff, and he cannot recover satisfaction for the debt he has lost, unless he is suffered to maintain this action. It is not pretended any other will lie."
  },
  "file_name": "0351-03",
  "first_page_order": 355,
  "last_page_order": 356
}