Moye v. . Cogdell
Supreme Court of North Carolina
This was a motion to set aside an execution made before his Honor, Tourgee, J., at the Special Term of the Superior Court held for the county of Wayne, in January last, when his Honor granted the motion in part and refused it for the residue, whereupon the defendant appealed. The case is fully stated in the opinion of the Court.
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This was a motion to set aside an execution made before his Honor, Tourgee, J., at the Special Term of the Superior Court held for the county of Wayne, in January last, when his Honor granted the motion in part and refused it for the residue, whereupon the defendant appealed. The case is fully stated in the opinion of the Court. Battle & Son, for the plaintiff, cited and relied on the following cases and authorities: Ward v. Smith, 7 Wallace, 447; Howard v. Chapman, 4 Car. & Payne, 508 ; Law v. Cross, 1 Black’s Rep. 533; Story on Prom. Notes, sec. 115-389.
1Opinion of the CourtSettle, J.
His Honor, the presiding Judge, states the -case as follows : This was a motion to set aside an execution, and to have satisfaction of the judgment on which it issued entered of record.
The plaintiff gave the note on which suit was brought to her son, F. M. Moye, who was her general agent, to place in the hands of an attorney for collection, which was done by her son. Neither the plaintiff nor her son gave their attorney any special instructions, nor did they impose any limitations or restrictions on the powers of their attorney.
On the 5th of October, 1870, after a levy had been made ■on…
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