Howard v. . Early
Supreme Court of North Carolina
SupplembNtal PeoceediNgs upon a judgment recovered in Justice’s Court against defendant John A. Early, and docketed in Superior Court, beard on appeal from Clerk’s judgment, before Allan, Jat Eall Term, 1899, of Bertie Superior Court.
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SupplembNtal PeoceediNgs upon a judgment recovered in Justice’s Court against defendant John A. Early, and docketed in Superior Court, beard on appeal from Clerk’s judgment, before Allan, Jat Eall Term, 1899, of Bertie Superior Court. An execution, on tbe docketed judgment bad been issued and returned unsatisfied; and tbe plaintiff took out supplemental proceedings against tbe defendant, in wbicb it was adjudged by tbe Clerk tbat tbe defendant bad transferred to his wife, with intent to binder, defeat and delay tbe plaintiff, a note and chattel mortgage given to him by one John P. Morris, and…
1Opinion of the CourtFaircloth, C. J.
The plaintiff obtained a judgment against defendant on which an execution issued and was returned unsatisfied. The plaintiff tiren, on affidavit before the Clerk, obtained an order for supplemental proceedings. The third clause of the affidavit averred the return of the execution, and that the defendant had choses in action which ought to be applied to bis judgment. Tbis was denied by answer of the defendants. T'bis is the only allegation of fraud in the record. His Honor, without objection, submitted this issue: “Was the transfer of the note and mortgage referred to in the pleadings made…
2Cases cited4 opinions
- Lee v. . PearceSupreme Court of North Carolina · 1873
- McRae v. . Battle, Ex'r .Supreme Court of North Carolina · 1873
- Nadal v. . BrittonSupreme Court of North Carolina · 1893
- Sharpe v. . WilliamsSupreme Court of North Carolina · 1877
3Cited by5 opinions
- Hatcher v. Dabbs.Supreme Court of North Carolina · 1903
- Nebel v. NebelSupreme Court of North Carolina · 1955
- Darroch v. JohnsonSupreme Court of North Carolina · 1959
- Busbee v. Western North Carolina Land & Lumber Co.Supreme Court of North Carolina · 1909
- Nebel v. NebelSupreme Court of North Carolina · 1955