Bell v. . Cunningham
Supreme Court of North Carolina
Motion for leave to issue Execution heard at Spring Term, 1879, of Macon Superior Court, before Oudger, J. The motion was made by the plaintiff before the clerk of the court where issues of fact were raised, and thereupon the case was transferred to the superior court, and a trial by jury being waived, the judge found the facts, which are sufficiently stated in the opinion. The motion was granted and the defendant appealed.
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Motion for leave to issue Execution heard at Spring Term, 1879, of Macon Superior Court, before Oudger, J. The motion was made by the plaintiff before the clerk of the court where issues of fact were raised, and thereupon the case was transferred to the superior court, and a trial by jury being waived, the judge found the facts, which are sufficiently stated in the opinion. The motion was granted and the defendant appealed. Cited and remarked upon Dawson v. Hartsfield, 79 N. C., 334; Paschall v. Bullock, 80 N. C., 329; Fraley v. Kelly, 79 N. C., 348. In addition to above cases, cited McKethan…
1Opinion of the Court
Smith, C. C.
The plaintiff at fall term, 1870, of Macon superior court, recovered judgment against the defendant, and the same having become dormant, after notice and upon oath that no part of the debt had been paid, moved before the cleric for leave to issue execution thereon. The defend- ■ ant in answer filed his affidavit in which he states that on the 2d day of December, 1867, he instituted proceedings in the proper bankrupt court, and in September, 1869, obtained a decree of discharge from his debts ; that the plaintiff did not prove his debt against the estate, and that the defendant has…
2Cases cited1 opinion
- Paschall v. . BullockSupreme Court of North Carolina · 1879
3Cited by11 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Helms v. HolmesCourt of Appeals for the Fourth Circuit · 1942
- Merchants National Bank of Richmond v. Newton Cotton MillsSupreme Court of North Carolina · 1894
- Sanderson v. . DailySupreme Court of North Carolina · 1880
- Home Insurance v. A. T. & S. F. R. R.Supreme Court of Colorado · 1893
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