Withers v. . Stinson
Supreme Court of North Carolina
MOTION for leave to issue execution under C. C. P., § 256, heard on appeal at Spring Term, 1878, of Mecklenburg Superior Court, before Cox, J. The case agreed states: That the plaintiff recovered a judgment against defendant Stinson, in Mecklenburg Superior Court, on the 24th of July, 1871, upon a debt contracted before 1860,.which judgment was duly, docketed.
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MOTION for leave to issue execution under C. C. P., § 256, heard on appeal at Spring Term, 1878, of Mecklenburg Superior Court, before Cox, J. The case agreed states: That the plaintiff recovered a judgment against defendant Stinson, in Mecklenburg Superior Court, on the 24th of July, 1871, upon a debt contracted before 1860,.which judgment was duly, docketed. Execution was issued (the homestead of defendant being assigned) and returned nulla bona to Spring Term, 1872; and in August following, the defendant filed his petition in bankruptcy and obtained his. discharge, (which is set up as a…
1Opinion of the CourtBynum, J.
It was admitted by the counsel for the plaintiff that the case of Blum v. Ellis, 73 N. C., 293, was a decisive authority against him, but he seeks in a well prepared and considered argument to induce the Court to reconsider and reverse that decision. Blum v. Ellis, was a well considered case upon a review of the conflicting decisions of other Courts up to that time. The importance of adhering to decisions once solemnly made, and thus preserving a uniformity in the law, can not be over estimated; and nothing less than a clear conviction that the decisions are erroneous and ought to be…
2Cases cited1 opinion
- Blum, Ex'r. v. . EllisSupreme Court of North Carolina · 1875
3Cited by6 opinions
- Dixon v. . DixonSupreme Court of North Carolina · 1879
- In re CobbDistrict Court, E.D. North Carolina · 1899
- Laffoon v. Kerner.Supreme Court of North Carolina · 1905
- Windley v. . TankardSupreme Court of North Carolina · 1883
- In re WoodardDistrict Court, E.D. North Carolina · 1899
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