Hogan v. . Kirkland
Supreme Court of North Carolina
Motion heard hy Toimgee, J., at Fall term 1869, of Orange Court. The plaintiffs’ affidavit stated the existence of Justice’s judgments, dated July 2d 1869, in favor of the plaintiffs against the defendant, amounting to about $1,181.00that they had been docketed, and executions had issued thereupon andbeenreturnedwithout satisfaction; also,thatat June term 1869, of the Supreme Court, a decree had been rendered in favor of the defendant against the plaintiffs, for some $1,000…
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Motion heard hy Toimgee, J., at Fall term 1869, of Orange Court. The plaintiffs’ affidavit stated the existence of Justice’s judgments, dated July 2d 1869, in favor of the plaintiffs against the defendant, amounting to about $1,181.00that they had been docketed, and executions had issued thereupon andbeenreturnedwithout satisfaction; also,thatat June term 1869, of the Supreme Court, a decree had been rendered in favor of the defendant against the plaintiffs, for some $1,000 and interest, and that execution therefor is in the hands of the sheriff, and has been levied &c; that the defendant…
1Opinion of the Court
Pearson, C.' J.
The defendant, if well advised, would have applied for a re-hearing before the Justice, according to the provisions of section 508, C. C. P., and relied as a defence, on the decree in Hogan v. Hogan, 63 N. C. 222, and upon the fact that her debts, which had been paid off By the officious acts of the plaintiff, were extinguished. She failed to do so. The judgments were docketed in the office of the Superior Court Clerk for the county of Orange, and thus became “judgments of the Superior Court in all respects;” C. C. P., Sec. 503. The matter is res adjudácata, and any de-fence…
2Cases cited1 opinion
- Hogan v. . Hogan Ex'r .Supreme Court of North Carolina · 1869
3Cited by10 opinions
- Ward v. Commissioners of Beaufort CountySupreme Court of North Carolina · 1908
- Wayne Mercantile Co. v. Commissioners of Mount OliveSupreme Court of North Carolina · 1912
- Puffer v. . LucasSupreme Court of North Carolina · 1893
- Edgerton v. . JohnsonSupreme Court of North Carolina · 1940
- Lee v. . EureSupreme Court of North Carolina · 1885
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