Sumrow v. . Black
Supreme Court of North Carolina
MotioN to dissolve an injunction heard at Pall Term, 1882, of Mecklenburg Superior Court, before Graves, J. An order'had been made restraining an execution issued from the superior court upon a judgment rendered at spring term, 1877, in favor of the plaintiff against the defendants, and this motion was made by the plaintiff to dissolve the same.
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MotioN to dissolve an injunction heard at Pall Term, 1882, of Mecklenburg Superior Court, before Graves, J. An order'had been made restraining an execution issued from the superior court upon a judgment rendered at spring term, 1877, in favor of the plaintiff against the defendants, and this motion was made by the plaintiff to dissolve the same. His Honor found these facts: That on the ...... day of -.., 1877, the plaintiff issued a summons against defendants returnable to spring term, 1877, which was executed on the male defendant, but was notservedon his wife, M. A. Black, the feme…
1Opinion of the CourtAshe, J.
The exception of the defendant, W. J. Black, was well taken. The judgment of the plaintiff against Black and his wife was rendered in'1877. On the 29th of August, 1878, he filed his petition in bankruptcy, and on the. day of.. , 1879, was adjudicated a bankrupt and received his discharge from all debts and liabilities existing against him prior to ihe date of filing his petition, to wit, the 29th of August, 1878.
The plaintiff contends that his judgment having been rendered and docketed before the 29th of August, 1878, created a lien upon the land of the defendant which was not discharged by…
2Cases cited4 opinions
- Dixon v. . DixonSupreme Court of North Carolina · 1879
- Blum, Ex'r. v. . EllisSupreme Court of North Carolina · 1875
- Withers v. . StinsonSupreme Court of North Carolina · 1878
- Knabe v. . HayesSupreme Court of North Carolina · 1874