Campbell v. . White
Supreme Court of North Carolina
Civil action, tried before Glark, Judge, at October Term, 1886, of New Hanover Superior Court. The plaintiff caused execution to issue upon a docketed judgment in the Superior Court, upon which personal property of the value of $500 was laid off to the defendant, and the sheriff made return of a levy upon what was found in excess.
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Civil action, tried before Glark, Judge, at October Term, 1886, of New Hanover Superior Court. The plaintiff caused execution to issue upon a docketed judgment in the Superior Court, upon which personal property of the value of $500 was laid off to the defendant, and the sheriff made return of a levy upon what was found in excess. Some two weeks afterwards, on July 27th, 1886, upon affidavit, made under §488, par. 2 of The Code, the clerk issued- notice to the defendant, requiring him to appear at a time and place specified, for examination in regard to his ■property, and to show cause why a…
1Opinion of the Court
Ssiitii, O. J.
(after stating the facts). The words of the Constitution, that personal property of the value of $500, and belonging to any resident, “ shall be, and is hereby exempted from sale under execution or other final process of any court, issued for the collection of any debt,” (Art. 10, §1), is a continual mandate to the officer to leave so much of the debtor’s personal estate untouched for his use, and of course, the diminution from use, loss, or other cause, must be replenished with other, if the debtor has such, up to the prescribed limits. It is plainly meant that when any final…
2Cases cited1 opinion
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