Legal Opinion

Miller v. . Leach

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 15 opinions

Civil action tried, before Boykin, Judge, at February Term, 1886, of RICHMOND Superior Court. A jury trial was waived, and by consent the Court found the the facts as follows : The summons in this case issued on the 3d of December, 1881. Jane Leach qualified as Executrix of Angus Leach, who was a resident of and died in Richmond county. Jane Leach is a resident of Richmond county.

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Civil action tried, before Boykin, Judge, at February Term, 1886, of RICHMOND Superior Court. A jury trial was waived, and by consent the Court found the the facts as follows : The summons in this case issued on the 3d of December, 1881. Jane Leach qualified as Executrix of Angus Leach, who was a resident of and died in Richmond county. Jane Leach is a resident of Richmond county. On the 8th of January, 1872, the plaintiff recovered judgment for $60, the amount of the debt, and for one hundred and thirty dollars costs, with interest on both sums from the 8th of January, 1872, against Angus…

1Opinion of the CourtAshe, J.

(after stating the facts). The only question presented by this appeal, is whether there was error in the judgment of the Superior Court, in holding that the judgment rendered in South Carolina does not survive the defendant therein, Angus Leach,, and cannot be enforced against his executrix in this State.

The action is upon a judgment rendered by a Court of competent jurisdiction in South Carolina. It is regularly authenticated under the Act of Congress; and by Article IV, §1, of the Constitution of the United States, it is declared that “full faith and credit shall be given in each State, to…

2Cases cited1 opinion

  1. McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839

3Cited by15 opinions

  1. Arrington v. Arrington.Supreme Court of North Carolina · 1900
  2. Mottu v. Davis.Supreme Court of North Carolina · 1909
  3. Thomas v. Frosty Morn Meats, Inc.Supreme Court of North Carolina · 1966
  4. Levin v. Gladstein.Supreme Court of North Carolina · 1906
  5. State v. . HerronSupreme Court of North Carolina · 1917

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