Legal Opinion

McDonald v. . Dickson

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 39 opinions

MotioN for leave to issue execution heard at Spring-Term,. 1881, of Richmond' Superior Court, before Qudger, J. The clerk before whom the motion was made refused the same and the plaintiff appealed to the superior court, where' the judgment of the clerk was affirmed, and the plaintiff appealed to this court.

1Opinion of the CourtRuffin, J.

This was a motion for leave to issue execution-under section 256 of the code.

The judgment was obtained and docketed on the 31st of October, 1870. On the 9th May, 1871, a partial payment was made thereon, and on the same day the judgment was assigned by the plaintiffs of record to the present plaintiff. Execution issued in 1875, but was returned unsatisfied. Two of the defendants in the judgment have been insolvent from the time it was rendered, and are so still. The defendant, Dickson, was so until recently when he came into possession of both real and personal property.

Notice of the motion…

2Cases cited1 opinion

  1. Lyon v. . RussSupreme Court of North Carolina · 1881

3Cited by39 opinions

  1. Lytle v. . LytleSupreme Court of North Carolina · 1886
  2. Brown v. HardingSupreme Court of North Carolina · 1915
  3. McDonald v. . DicksonSupreme Court of North Carolina · 1882
  4. Citizens' National Bank v. LucasWashington Supreme Court · 1901
  5. Lowdermilk v. . CorpeningSupreme Court of North Carolina · 1885

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