Hughes v. . Boone
Supreme Court of North Carolina
Civil action, tried before Bynum, J., and a jury, at August Term, 1898, of Noktiiami’ton ¡Superior Court, the sole question presented being the statute of limitations, and tlie issue submitted being, Is the debt of the plaintiff barred by the statute of limitations? It was admitted that Calvert, the testator of the plaintiff, obtained a judgment against Boone, the intestate of the defendant, in the Superior Court of Northampton County on .January Id, 1878. That an execution…
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Civil action, tried before Bynum, J., and a jury, at August Term, 1898, of Noktiiami’ton ¡Superior Court, the sole question presented being the statute of limitations, and tlie issue submitted being, Is the debt of the plaintiff barred by the statute of limitations? It was admitted that Calvert, the testator of the plaintiff, obtained a judgment against Boone, the intestate of the defendant, in the Superior Court of Northampton County on .January Id, 1878. That an execution was issued and thirty-two dollars paid on it on the 23d of April} 1874. It was further admitted that Calvert, the…
1Opinion of the Court
(’lark, J.:
The judgment was docketed January 13,1876. The judgment debtor died October 20, 1884. The judgment was then already barred (The Code, §102, par. 1) unless there was something on the other side which suspended the running of the statute of limitations. The partial payment made on the judgment April 28, 1874, did not have that effect. McDonald v. Dixon, 87 N. C., 404. And, besides, ten years from that date had also elapsed.
Nor did the death of the judgment creditor, September 8, 1881, suspend the statute, for the effect of that was only to give one year’s time from the death of the…
2Cases cited4 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1882
- Benson v. . BennettSupreme Court of North Carolina · 1893
- Redmond v. . PippenSupreme Court of North Carolina · 1893
- Coppersmith v. WilsonSupreme Court of North Carolina · 1890
3Cited by9 opinions
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- Moffitt v. CarrNebraska Supreme Court · 1896
- Hargrave v. GardnerSupreme Court of North Carolina · 1965
- McCaskill v. . McKinnonSupreme Court of North Carolina · 1897
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