McAden v. . Banister
Supreme Court of North Carolina
' Motion to set aside an execution against the person, heard before Logan J. at Spring Term 1869, of the Superior Court Of LINCOLN. The Judgment under which the execution issued had been obtained before a magistrate in Mecklenburg County in October 1868. Without being docketed in that county it was sent to Lincoln county and docketed, from the original papers, there.
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' Motion to set aside an execution against the person, heard before Logan J. at Spring Term 1869, of the Superior Court Of LINCOLN. The Judgment under which the execution issued had been obtained before a magistrate in Mecklenburg County in October 1868. Without being docketed in that county it was sent to Lincoln county and docketed, from the original papers, there. After an execution against the property of the defendant had been issued from the Clerk's office of Lincoln, and had been returned nulla bona &c., the plaintiff'sjattorney made oath before the Clerk that an affidavit and order of…
1Opinion of the CourtRodman, J.
In this case the defendant moved before the Clerk of the Superior Court of Lincoln county to set aside an execution against his person, issued from the Superior Court, at the instance of the plaintiff.
It is objected to the execution, 1st, That the Clerk of lhe Superior Court of Lincoln had no jurisdiction to issue it, the judgment having never been lawfully docketed in that county; 2nd, No sufficient cause was shown for issuing it under the Code of Civil Procedure.
The action commenced by warrant issued by á Justice of the Peace for Mecklenburg county, commanding any Consta: ble, &e., of that…
2Cited by2 opinions
- H. M. Houston & Co. v. WalshSupreme Court of North Carolina · 1878
- Turlington v. . AmanSupreme Court of North Carolina · 1913