Wilson v. . Chichester
Supreme Court of North Carolina
This was a civil ACTION, tried at February Term, 1890, of Guilford Superior Court, before Armfield, J. It appears that Edward A. Prior & Co , before the 18th day of April, 1889, obtained a judgment in the Superior Court of the county of Guilford for $466.46 and costs against W. T. Chichester, which judgment was duly docketed on the judgment docket of that Court, and execution issued thereupon, and the same was duly returned by the Sheriff unsatisfied, because he found no…
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This was a civil ACTION, tried at February Term, 1890, of Guilford Superior Court, before Armfield, J. It appears that Edward A. Prior & Co , before the 18th day of April, 1889, obtained a judgment in the Superior Court of the county of Guilford for $466.46 and costs against W. T. Chichester, which judgment was duly docketed on the judgment docket of that Court, and execution issued thereupon, and the same was duly returned by the Sheriff unsatisfied, because he found no property to satisfy the same, or any part thereof. Thereafter, on the day above specified, the said judgment creditors…
1Opinion of the CourtMerrimon, C. J.
after stating the facts: This action is brought by the receiver, appointed in the course of the proceedings supplementary to the execution above mentioned, and the judgment debtor in such proceedings is made a party defendant to this action. • Why he is made such party does not appear. Indeed, he is not a necessary or proper party defendant, or at all a proper party thereto. The plaintiff does not, in contemplation of law, seek to recover from him the money in controversy specified in the pleadings, or any redress against him. He, as receiver, already, by operation of law, has whatever and…
2Cases cited7 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Wallace Bros. v. RobesonSupreme Court of North Carolina · 1888
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Morris v. . WhiteSupreme Court of North Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Campbell v. . FarleySupreme Court of North Carolina · 1911
- Ross v. . RossSupreme Court of North Carolina · 1896