Legal Opinion

Deloach v. . Worke

Supreme Court of North Carolina

Decided June 5, 1824Published

V Administrator of Dyson. Scire Facias to revive a judgment. The Defendant was sued in Iredell County Court, in an action of debt founded in the obligation of his intestate for the payment of $170, made in 1812, and pleaded thereto the general issue, and retainer to the amount of $873 66J cents, and confessed assets in hand to the amount of $1789 20s cents, and no assets beyond.

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V Administrator of Dyson. Scire Facias to revive a judgment. The Defendant was sued in Iredell County Court, in an action of debt founded in the obligation of his intestate for the payment of $170, made in 1812, and pleaded thereto the general issue, and retainer to the amount of $873 66J cents, and confessed assets in hand to the amount of $1789 20s cents, and no assets beyond. The Jury found, that the administrator detained from the Plaintiff the sum of one hundred and ninety dollars, thirty two cents; that the Defendant was entitled to a retainer, of $S76 66| cents, exclusive of…

1Opinion

It is apparent that the judgement which this scire facias is brought to revive was founded upon a debt due by contract, because it was obtained against an administrator, and, if so, that it bears interest from its rendition under the act of 1807, New Rev., ch. 721; but either no interest was given by the jury upon the debt due, or, if it was, it was added to the principal, and both together made the sum of $190.32. The justice of the case, therefore, is that the plaintiff should have judgement for $190.32, with interest (under the act) upon the sum of $170, part thereof which appears to be…

2Cases cited5 opinions

  1. Grantham v. . KennedySupreme Court of North Carolina · 1884
  2. Harrell v. . PeeblesSupreme Court of North Carolina · 1878
  3. McDowell v. . McDowellSupreme Court of North Carolina · 1885
  4. McNeill v. RailroadSupreme Court of North Carolina · 1905
  5. Collais v. . McLeodSupreme Court of North Carolina · 1848

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