White v. Archbill
Tennessee Supreme Court
FEOM HAYWOOD. This action of debt, upon a transcript of a judgment from North Carolina, was submitted to a jury of Haywood county, at tbe February term of tbe circuit court of said county, before Judge Eead, and resulted in a verdict for tbe plaintiff, whose counsel moved for judgment to be entered leviable de bonis propriis, which the court overruled, and ordered the same to be entered, to be levied de bonis testatoris. Whereupon the plaintiff appealed in error.
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FEOM HAYWOOD. This action of debt, upon a transcript of a judgment from North Carolina, was submitted to a jury of Haywood county, at tbe February term of tbe circuit court of said county, before Judge Eead, and resulted in a verdict for tbe plaintiff, whose counsel moved for judgment to be entered leviable de bonis propriis, which the court overruled, and ordered the same to be entered, to be levied de bonis testatoris. Whereupon the plaintiff appealed in error. The error assigned is, that the circuit court of Haywood county, rendered judgment to be levied de bonis testatoris, and not de…
1Opinion of the Court
Caruthers, <L,
delivered the opinion of the court.
This was an action of debt brought upon a record from the court of pleas and quarter sessions of Craven ■county, North Carolina, in the circuit court of Haywood. After the cause was at issue, the papers were lost, and they were supplied by agreement of counsel. They agree “to the above facts,” and that the writ and declaration were in the “usual and proper form,” and also the pleas', “ nul tiel record and payment,” to which there were replications and isues.” A transcript of the record was filed and admitted 'to be duly authenticated.
The jury…
2Cited by3 opinions
- McNeill v. Dobson-Bainbridge, Realty Co.Tennessee Supreme Court · 1946
- Smith v. HooperCourt of Appeals of Tennessee · 1968
- Watson v. United American Bank in KnoxvilleCourt of Appeals of Tennessee · 1979