Edgerton v. . Johnson

The procedure here adopted finds support in the case of Hogan v. Kirkland, 64 N. C., 250. There a similar motion was made and allowed in the absence of a claim of exemption from sale under execution, such as the defendant is making here. This is the only essential difference between the two cases. It was intimated in the Hogan case, supra, however, that this difference might be vital. And so it is, because the motion has the same effect as an execution. It amounts to “final process” within the meaning of Art. X, sec. 1, of the Constitution, which provides that the personal property of any…