Legal Opinion

Rowland Hardware & Supply Co. v. Lewis

Supreme Court of North Carolina

Decided April 11, 1917PublishedCited by 9 opinions

Civil actioN, tried before Winston, and a jury, at November Term, 1916, of RobesoN. The .action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate & Co. and C. T. Pate, to recover the $725, the amount bid by O. T. Pate, acting for the firm of 0. T. Pate & Co., of which he was a member, at a sale under the execution hereinafter described.

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Civil actioN, tried before Winston, and a jury, at November Term, 1916, of RobesoN. The .action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate & Co. and C. T. Pate, to recover the $725, the amount bid by O. T. Pate, acting for the firm of 0. T. Pate & Co., of which he was a member, at a sale under the execution hereinafter described. The material and undisputed facts are as follows: 1. Plaintiff obtained a judgment against one R. T. Gaitley, who was and is insolvent, for $1,302. 2. Execution was issued upon this judgment and levied upon personal property,…

1Opinion of the Court

CLARK, C. J., dissenting; BROWN, J., concurs in dissenting opinion. The action was brought by plaintiff against R. E. Lewis, sheriff of Robeson County, C. T. Pate Co. and C. T. Pate, to recover the $725, the amount bid by C. T. Pate, acting for the firm of C. T. (291) Pate Co., of which he was a member, at a sale under the execution hereinafter described.

The material and undisputed facts are as follows:

1. Plaintiff obtained a judgment against one R. T. Gaitley, who was and is insolvent, for $1,302.

2. Execution was issued upon this judgment and levied upon personal property, on nearly all of…

2Cases cited29 opinions

  1. Ely v. . EarlySupreme Court of North Carolina · 1886
  2. Bowen v. KingSupreme Court of North Carolina · 1907
  3. W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
  4. Dick v. . PitchfordSupreme Court of North Carolina · 1837
  5. Boles v. Caudle.Supreme Court of North Carolina · 1903

24 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Priddy v. KERNERSVILLE LUMBER COMPANYSupreme Court of North Carolina · 1963
  2. Chinnis v. . CobbSupreme Court of North Carolina · 1936
  3. Bank v. . SternbergerSupreme Court of North Carolina · 1935
  4. Sugg v. North Carolina Agricultural Credit Corp.Supreme Court of North Carolina · 1928
  5. Security National Bank v. SternbergerSupreme Court of North Carolina · 1935

4 more not listed; retrieve them via the Exa API.

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