Heyer v. Rivenbark.
Supreme Court of North Carolina
ApplioatioN of Margaret E. Heyer, administratrix of Jno. C. Heyer, for leave to issue execution against D. W. Eivenbark, liearcl by Judge E. W. Timberlak„ at March Term, 1899, of the Superior Court of PbNDee County. Erom a judgment affirming an order denying the application, the complainant appealed.
1Opinion of the CourtClark, J.
This was a motion, 9th September, 1897, by an administratrix, before the Clerk, for leave to issue execution, upon notice served on defendant, based on an affidavit which sets out that on 23d December, 1885, plaintiff’s intestate obtained a judgment against defendant before a Justice of the Peace for $148.73 and costs, and on the same day caused the same to be docketed in the office of the Clerk of the Superior Court of Pender County, and that no part of said judgment has been paid, and that the whole thereof is still due. The record states the defendant “resisted the motion and pleaded the…
2Cases cited8 opinions
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Patterson v. . WaltonSupreme Court of North Carolina · 1896
- Williams v. . MullisSupreme Court of North Carolina · 1882
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3Cited by4 opinions
- Southern Dairies, Inc. v. BanksCourt of Appeals for the Fourth Circuit · 1937
- Evans v. Alridge.Supreme Court of North Carolina · 1903
- Murray v. Barden.Supreme Court of North Carolina · 1903
- Old Dominion Pants Co. v. MewbornSupreme Court of North Carolina · 1916