In Re Daves
Supreme Court of North Carolina
PROCEEDING for Contempt, heard on appeal at Spring Term, 1879, of Macon Superior Court, before Qudger, J. This proceeding was commenced before the clerk, under section 266 of the code, in an action wherein W. A. Cabe was plaintiff, and W. A. Patton defendant. His Honor affirmed the ruling of the clerk that the answer to the rule upon the facts set out in the opinion was insufficient, and that a fine of fifty dollars be imposed, and Daves appealed.
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PROCEEDING for Contempt, heard on appeal at Spring Term, 1879, of Macon Superior Court, before Qudger, J. This proceeding was commenced before the clerk, under section 266 of the code, in an action wherein W. A. Cabe was plaintiff, and W. A. Patton defendant. His Honor affirmed the ruling of the clerk that the answer to the rule upon the facts set out in the opinion was insufficient, and that a fine of fifty dollars be imposed, and Daves appealed. The answer to the rule was sufficient. Shuler v. Bryson, 65 N. C., 201. And the rule should have been discharged. In re Moore, 68 N. C., 397; Bond…
1Opinion of the CourtSmith, C. J.
The plaintiff’s execution being returned unsatisfied, he made affidavit that one James M. Davos was indebted to the judgment debtor in a sum exceeding ten dollars, and obtained an order from the court requiring him to appear and answer the same. On the 21st day of November, 1877, Daves appeared according to the summons and.put in his answer on oath, admitting his indebtedness to the defendant, Patton, in the amount of twenty-four dollars, to be paid in corn at the price of fifty cents per bushel, during the fall or when gathered and shucked. The.court thereupon adjudged that the said Daves…
2Cases cited1 opinion
- Bond v. . BondSupreme Court of North Carolina · 1873
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- State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884
- In Re T. J. ParkerSupreme Court of North Carolina · 1919
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