Lamb v. . Chamness
Supreme Court of North Carolina
Motion of plaintiff made before the clerk for execution-to issue upon a judgment against the defendant, heard on appeal at Spring Term, 1880, of Rakdolph Superior Court, before Seymour, J. The clerk allowed the motion and from his order the defendant appealed, and the same was reversed by the judge, and the plaintiff appealed.
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Motion of plaintiff made before the clerk for execution-to issue upon a judgment against the defendant, heard on appeal at Spring Term, 1880, of Rakdolph Superior Court, before Seymour, J. The clerk allowed the motion and from his order the defendant appealed, and the same was reversed by the judge, and the plaintiff appealed. Cited Blum v. Ellis, 73 N. C., 295; Bump on Bankruptcy, 142, 19S et seq; Datoson v. Eartsfield, 79 N. 0., 334; Dixon v. Dixon, 81 N. G, 323. discussed the authorities referred to by the plaintiff, and insisted that- the matter had been adjudicated against the plaintiff…
1Opinion of the CourtSmith, C. J.
The plaintiff recovered judgment against the defendant on March 1st, 1873, before a justice of the peace upon a debt contracted previous to the year 186S, aud caused the same to be docketed in the superior court of Randolph county. The defendant, on May 27th, 1878, filed his petition in bankruptcy, and in November of the same year, obtained his discharge. The land, which the present proceeding is instituted to subject to the satisfaction of the judgment, was set apart by the assignee and exempted, as the defendant’s homestead, “subject to various liens against it.”'
On June 17th, 1878, the…
2Cases cited2 opinions
- Knox v. LeeSupreme Court of the United States · 1871
- Hepburn v. GriswoldSupreme Court of the United States · 1870
3Cited by4 opinions
- Simpson v. . HoustonSupreme Court of North Carolina · 1887
- Windley v. . TankardSupreme Court of North Carolina · 1883
- United States v. HowellU.S. Circuit Court for the District of Western North Carolina · 1881
- In re WoodardDistrict Court, E.D. North Carolina · 1899