Legal Opinion

Rogers v. . Kimsey

Supreme Court of North Carolina

Decided September 5, 1888PublishedCited by 9 opinions

The plaintiff, endorsee of a note under seal, executed on April 18th, 1874, by Loyd R. Welch, the defendant’s testator, to W. A. Parker, in the sum of $125, payable three .years after date, sued the obligor and recovered judgment thereon before a Justice of the Peace of the county of Cherokee, on July 17th, 1877, with interest thereon, and for costs.

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The plaintiff, endorsee of a note under seal, executed on April 18th, 1874, by Loyd R. Welch, the defendant’s testator, to W. A. Parker, in the sum of $125, payable three .years after date, sued the obligor and recovered judgment thereon before a Justice of the Peace of the county of Cherokee, on July 17th, 1877, with interest thereon, and for costs. A transcript thereof was docketed in the Superior Court on the 24th day of September next following, and on the next .day execution issued and was returned by the officer, with his endorsement: “Nothing collected.” The judgment debtor died some…

1Opinion of the CourtSmith, C. J.

(after stating the case.) W ith this recital of the facts in the case in the aspect in which the allegations and the evidence presented it, we proceed to examine the rulings to which exceptions are taken.

1. The rule is too well established, and its subversion would lead to too many grave and disastrous consequences to require argument or authority to support the proposition that every defence available at the time, and which a defendant could set up at the trial, in the absence of fraud is conclusively determined by the judgment, and cannot be again asserted while the judgment remains in a…

2Cases cited2 opinions

  1. Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
  2. Wharton v. . TaylorSupreme Court of North Carolina · 1883

3Cited by9 opinions

  1. Joyner v. Sugg.Supreme Court of North Carolina · 1903
  2. Watters v. . HedgpethSupreme Court of North Carolina · 1916
  3. Stern v. LeeSupreme Court of North Carolina · 1894
  4. Lupton v. . EdmundsonSupreme Court of North Carolina · 1941
  5. Bevan v. . EllisSupreme Court of North Carolina · 1897

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