Laffoon v. Kerner.
Supreme Court of North Carolina
ActioN by "W. J. Laffoon against J. F. Kerner and others, beard by Judge Chas. M. Cooke and a jury, at tbe March" Term,- 1905, of tbe Superior Court of Forsyte County. Plaintiff: obtained judgment against defendant Kerner before a justice of the peace for $200, from which judgment defendant appealed to tbe Superior Court.
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ActioN by "W. J. Laffoon against J. F. Kerner and others, beard by Judge Chas. M. Cooke and a jury, at tbe March" Term,- 1905, of tbe Superior Court of Forsyte County. Plaintiff: obtained judgment against defendant Kerner before a justice of the peace for $200, from which judgment defendant appealed to tbe Superior Court. Tbe judgment was duly docketed in tbe Superior Court of Forsyth County and execution issued and returned by tbe sheriff, “Executed April 4, 1904 as to James F. Kerner, and by levying on tbe property of the Southern Woolen Mills. I herewith return execution as tbe defendant…
1Opinion of the Court
Connor, J.,
after stating the facts: No exceptions nor assignments of error appear in the record other than the general exception to the judgment. We are therefore called upon to say whether, upon the facts established by the verdict the judgment rendered is correct. In this court two questions were argued by counsel. First, whether upon pleading and exhibiting his discharge in bankruptcy, the defendant was entitled to have the action dismissed, or whether he was required to go further and show affirmatively that the plaintiff’s debt came within the provisions of the discharge as a provable…
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