Oldham v. . Rieger
Supreme Court of North Carolina
Civil actioN, beard before Webb, upon the pleadings and statement of counsel, at March Term, 1907, of the Superior Court of Bbustswick County. • The Court was of the opinion that the plaintiff was not entitled to recover, and dismissed the action. Plaintiff appealed.
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Civil actioN, beard before Webb, upon the pleadings and statement of counsel, at March Term, 1907, of the Superior Court of Bbustswick County. • The Court was of the opinion that the plaintiff was not entitled to recover, and dismissed the action. Plaintiff appealed. The plaintiff alleges in his complaint that he recovered judgment against A. W. Rieger on 14 December, 1895, for $126.31, in New Hanover County, before a justice of the peace, and that the judgment was duly docketed on the same day in the Superior Court, under the statute; that the said Rieger died in Brunswick County, the place…
1Opinion of the Court
WaleeR, J.,
after stating the case: It is stated in the plaintiff’s brief — and the argument which is so ably presented in the defendant’s seems to admit — that the learned Judge who presided at the trial of this case ruled as he did because he was of the opinion that the plaintiff should have sued upon the judgment independently, and established his claim against tbe estate before bringing this proceeding. In this ruling, if it is correctly stated in the briefs — though it does not clearly so appear in the record — we do not concur. There was a special plea in bar, namely, the statute of…
2Cases cited25 opinions
- Dawson Bank v. HarrisSupreme Court of North Carolina · 1881
- Roseman v. Roseman.Supreme Court of North Carolina · 1900
- In Re AndersonSupreme Court of North Carolina · 1903
- Faison v. . WilliamsSupreme Court of North Carolina · 1897
- Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900
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3Cited by39 opinions
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Lewis v. ShaverSupreme Court of North Carolina · 1952
- Rankin v. . OatesSupreme Court of North Carolina · 1922
34 more not listed; retrieve them via the Exa API.