Williamson v. . Kerr
Supreme Court of North Carolina
MOTION to amerce the clerk, heard at Fall Term, 1882, of Caswell Superior Court, before Shipp, J". At fall term, 1881, the plaintiff obtained judgment nisi against the defendant for the penalty of one hundred dollars, for not issuing execution on a judgment theretofore obtained by him in the superior court, in pursuance of the requirements of the act of 1850. Bat.
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MOTION to amerce the clerk, heard at Fall Term, 1882, of Caswell Superior Court, before Shipp, J". At fall term, 1881, the plaintiff obtained judgment nisi against the defendant for the penalty of one hundred dollars, for not issuing execution on a judgment theretofore obtained by him in the superior court, in pursuance of the requirements of the act of 1850. Bat. Rev., ch. 44, § 28. The following are the facts found by His Honor: At fall term, 1880, the plaintiff, with John L. Williamson, obtained judgment, upon a debt contracted since May, 1865, against J. N. and G. O. Williamson; that the…
1Opinion of the CourtAshe, J.
We are of the opinion the defendant, as clerk, is liable to the penalty. Upon what ground we are called upon by the appeal to review the action of the superior court in the premises, is left to surmise.. It may be that the' defendant supposes that the act of 1850, which requires clerks of the superior courts to issue executions upon all judgments rendered in their respective courts, within six weeks of the rendition of the judgment, was repealed by the 23d section of the convention ordinance of June 23d, 1866, which declares all laws in conflict with its provisions, repealed; and that section…
2Cases cited1 opinion
- Badham v. . JonesSupreme Court of North Carolina · 1870
3Cited by1 opinion
- Bank of Oxford v. BobbittSupreme Court of North Carolina · 1892