State Ex Rel. Caldwell v. Wilson
Supreme Court of North Carolina
The opinion and judgment in the case of Caldwell v. Wilson (ante) were handed down on December 23, 3897, at 4:30 p. ru. and at-5:30 p. m. on December 23, tiíe plaintiff, through his counsel, William H. Day, obtained a writ of execution, directed to the Sheriff of Wake County in the following words: “The State of North Carolina to the Sheriff of Wake County, Greeting: Whereas in the above entitled cause it w-as adjudged at this Term that the defendant wrongfully withholds…
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The opinion and judgment in the case of Caldwell v. Wilson (ante) were handed down on December 23, 3897, at 4:30 p. ru. and at-5:30 p. m. on December 23, tiíe plaintiff, through his counsel, William H. Day, obtained a writ of execution, directed to the Sheriff of Wake County in the following words: “The State of North Carolina to the Sheriff of Wake County, Greeting: Whereas in the above entitled cause it w-as adjudged at this Term that the defendant wrongfully withholds possession of the office of Railroad Commissioner from the plaintiff relator, and that plaintiff relator is entitled to the…
1Opinion of the Court
On the same day, December 24, the following opinion was handed down:
Clark, J.:
This is a motion by defendant to recall the execution which issued to put the relator in possession of the furniture, rooms and other tangible property belonging to the Railroad Commission. The relator moved to set aside the supersedeas proceedings or adjudge them irregular. We are of opinion that we have no power to set aside the writ of error or pass upon the regularity thereof. We are also of opinion that the judgment of this Court ex proprio vigore placed the relator in possession of the office at the time the…
2Cited by13 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- In Re SpiveySupreme Court of North Carolina · 1997
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
- State Ex Rel. Sathre v. RobertsNorth Dakota Supreme Court · 1936
- State v. WiseSuperior Court of Delaware · 1938
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