Emily Moye v. . Daniel Codgell
Supreme Court of North Carolina
This was a motion made in tbe Superior Court of Wayne county, on notice by the defendants to set aside an execution and have satisfaction of the judgment entered oí record many affidavits exhibiting great conflict of testimony, were submitted to His Honor, Judge Clarke. His Honor ordered issues arising on the conflicting evidence to be submitted to a jury, and a supersedeas to issue in tbe meantime until a new trial could be had.
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This was a motion made in tbe Superior Court of Wayne county, on notice by the defendants to set aside an execution and have satisfaction of the judgment entered oí record many affidavits exhibiting great conflict of testimony, were submitted to His Honor, Judge Clarke. His Honor ordered issues arising on the conflicting evidence to be submitted to a jury, and a supersedeas to issue in tbe meantime until a new trial could be had. From this order of His Honor, the plaintiffs appealed to this Court. The transcript is so contused and .unintelligible that but for the assistance of His Honor, who…
1Opinion of the CourtHick, J.
There is great confusion, and a number of unnecessary papers in this transcript; and we would have found much difficulty in understanding the case, but for the explanations of counsel.
The plaintiff obtained a judgment against the defendants, and had an execution issued thereon. The defendants made a motion in the cause, founded upon affidavits, to have the execution set aside, and a satisfaction entered upon the record. His Honor after hearing affidavits on both sides, was not satisfied as to facts in the case, and ordered, “that the execution be superseded, and that proper issues of facts be…
2Cases cited2 opinions
- Foreman v. . BibbSupreme Court of North Carolina · 1871
- Redman v. . RedmanSupreme Court of North Carolina · 1871
3Cited by7 opinions
- In Re DeatonSupreme Court of North Carolina · 1890
- Baker v. . CordonSupreme Court of North Carolina · 1882
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Isler v. . MurphySupreme Court of North Carolina · 1874
- In Re Estate of SmithSupreme Court of North Carolina · 1931
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