Cates v. . Whitfield
Supreme Court of North Carolina
This was a scire facias issuing from this Court, for the defendant to show cause why the .plaintiff should not have execution for the recovery and delivery of a slave, named Henry.
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This was a scire facias issuing from this Court, for the defendant to show cause why the .plaintiff should not have execution for the recovery and delivery of a slave, named Henry. An action of detinue had been begun in behalf of the plaintiff, against the defendant in the Superior Court of the county of Person, for the detention of certain slaves, and amongst others, a female, named Eliza, which, after pending several terms below, was brought to this Court, by appeal, and the plaintiff, at June Term, 1860, had a judgment, that he have and recover the said slaves, including the said female…
1Opinion of the CourtBattle, J.
We are clearly of opinion that the plaintiff is entitled to recover the infant slave, who was born after the commencement of the action of detinue, in which he had judgment in this Court, against the defendant, for the mother; and that a scire facias issued against the defendant, is the proper remedy. It is not denied that in a proper case, the Supreme Court may issue a scire facias, as the power to do so is expressly conferred by the 6th section of the 33rd chapter of the Revised Code. The enforcement of one of its own judgments, must be admitted to be a proper case' for the issuing of the…
2Cited by1 opinion
- Briley v. . CherrySupreme Court of North Carolina · 1828