Clerk's Office v. President, Directors & Co. of the Bank of Cape Fear
Supreme Court of North Carolina
This was a motion, by W. H. Hailey, Attorney on behalf of the Clerk’s Office, to order the Clerk to deduct from the amount of money belonging to the defendant in Ctaurt, the amount of a bill oí costs against it, in favor of the officers oí this Court. It was admitted that the defendant is a bankrupt, and had been so declared, since the last term of this Court.
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This was a motion, by W. H. Hailey, Attorney on behalf of the Clerk’s Office, to order the Clerk to deduct from the amount of money belonging to the defendant in Ctaurt, the amount of a bill oí costs against it, in favor of the officers oí this Court. It was admitted that the defendant is a bankrupt, and had been so declared, since the last term of this Court. The facts were, that Nathaniel Boyden had recovered his costs of this Court, $42.10, against the defendant on an appeal.. See Boyden v. Banin, 65 N. C.,); it was further shown that an execution in favor of the bank had issued, tested of…
1Opinion of the CourtRodma.iv, J.
Case. At June Term, 1871, of the Supreme Court, the Bank of Cape Fear, recovered a judgment against S. A. Caldwell for $324, and costs 90 cents, upon which a fieri facias execution isssued, tested the 1st Monday in June, 1871, and returnable to January Term, 1872, under which the money was paid into the Clerk’s office, where it now is.
-In the same case, it was adjudged that the said Caldwell, recover of the Bank, costs, taxed at $4,20, for which, a like execution issued against the Bank, and is returned unsatisfied.
At the same Term, (to-wit: June, 1871,) Nathaniel Boyden recovered against the…
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