McIntosh Grocery Co. v. Newman
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, J., at September Term, 1922, of CRAVEN. This is a proceeding supplemental to execution.
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Appeal by plaintiff from Calvert, J., at September Term, 1922, of CRAVEN. This is a proceeding supplemental to execution. From tbe facts embodied in tbe judgment of tbe clerk, it appears tbat plaintiff bad recovered judgment against defendant in Superior Court of said county for $427.80 and costs, and caused same to be docketed in said county on 20 December, -1921. That under execution issued upon said judgment tbe sheriff of tbe county attempted to levy and collect same on defendant’s bank deposit in tbe National Bank of New Bern, and bolding said execution on Monday, 17 July, 1922, issued…
1Opinion of the CourtHohe, J.
At common law choses in action were not subject to seizure and sale under final process of execution, and the principle still prevails except and to the extent that the same has been modified or changed by statute.
In this jurisdiction, and except in case of attachment proceedings wherein provision is made for exceptional and urgent cases, this kind of property can only be made available to the creditor by civil action in. the nature of an equitable fi. fa. or by the statutory method of supplemental proceedings, both of which remedies in proper instances are here still open to claimants.…
2Cases cited11 opinions
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Penn-Allen Cement Co. v. PhillipsSupreme Court of North Carolina · 1921
- Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Hodgin v. Peoples' National BankSupreme Court of North Carolina · 1899
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1919
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3Cited by6 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
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- FIRST PRYORITY BANK v. MOONCourt of Civil Appeals of Oklahoma · 2013
- Chandler-Frates & Reitz v. KostichSupreme Court of Oklahoma · 1981
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