Farmers National Bank v. Burns
Supreme Court of North Carolina
This was an appeal from an order of the Superior Court of Mooke County, made at the October Term, 1890, by Graves, J. It appears from the record that on the 28th of September, 1885, the plaintiffs had a judgment against the defendants in the Superior Court'of the county of Moore for $1,089.83, &c., and that the same was docketed; that afterwards, on the 26th of June, 1890, they began their proceedings supplementary to the execution against the defendants, and, as to the…
Read the full summary
This was an appeal from an order of the Superior Court of Mooke County, made at the October Term, 1890, by Graves, J. It appears from the record that on the 28th of September, 1885, the plaintiffs had a judgment against the defendants in the Superior Court'of the county of Moore for $1,089.83, &c., and that the same was docketed; that afterwards, on the 26th of June, 1890, they began their proceedings supplementary to the execution against the defendants, and, as to the same,, filed the affidavit of their agent, upon which is based their motion before the Court (the Clerk) for an order…
1Opinion of the CourtMerrimoN, C. J.
after stating the facts: The statute (The Code, §488, par. 1) confers upon the Clerk of the Superior Court, acting for and in the place of the Court, authority to hear and allow or disallow the motion of the plaintiffs for an order requiring the defendants to “appear and answer” concerning their property as therein allowed. The order, when made, was to be treated and to have effect as that of the Court, if no person interested and having notice made objection to the same. But it is expressly provided by the statute (The Code, §§252-253) that “any party may appeal, from any decision of the…
2Cited by3 opinions
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- Turner v. . HoldenSupreme Court of North Carolina · 1891
- Ledford v. . EmersonSupreme Court of North Carolina · 1906