Sloan v. . Stanly
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford County, at a Special Term in July 1850, his Honor Judge Dick presiding. This case was submitted to the Court on the following facts.
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Appeal from the Superior Court of Law of Guilford County, at a Special Term in July 1850, his Honor Judge Dick presiding. This case was submitted to the Court on the following facts. On the 4th day of August 1848, Aaron Mendenhall, as executor of Moses Mendenhall, dec’d, sued out four different warrants against one Israel Stanly, which were all returned before a magistrate, and judgment granted on the 8th day of September, 1848, amounting in all to about the sum of four hundred and fifty dollars ($450.) Executions were issued on the same day, and levied on two tracts óf land, and the levies…
1Opinion of the CourtNash, J.
We have examined the exceptions died against the opinion of the Judge, who tried the cause, and concur with him in his judgment. The first objection is founded, we presume, upon the 7th section of the act of 1836. It directs, that “all warrants issued by a Justice of the Peace shall be made returnable on or before thirty days from the date thereof, Sundays excepted, and not after,” &c. The warrant in this case literally complies with the act. It is directed “to any lawful officer to execute and return within thirty days, Sundays excepted.” The exception is, that the judgment is void, because…
2Cited by3 opinions
- North Carolina Joint Stock Land Bank of Durham v. BlandSupreme Court of North Carolina · 1949
- Bryant v. Trutnel Realty Corp.New York Supreme Court · 1959
- Delaware County Trust Co. v. Goldberg, Pennsylvania Court of Common Pleas, Delaware County1935