H. M. Houston & Co. v. Walsh
Supreme Court of North Carolina
MotioN, to vacate an Order of Arrest, heard at Spring Term, 1878, of Union Superior Court, before Moore, J. The plaintiffs recovered judgment against defendant before a Justice of the Peace for one hundred and eleven dollars and seventy-eight cents, and on the 22d day of December, 1877, caused the same to be docketed in the Superior Court. No formal complaint was filed before the Justice, but the note itself was exhibited instead, as the plaintiffs demand.
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MotioN, to vacate an Order of Arrest, heard at Spring Term, 1878, of Union Superior Court, before Moore, J. The plaintiffs recovered judgment against defendant before a Justice of the Peace for one hundred and eleven dollars and seventy-eight cents, and on the 22d day of December, 1877, caused the same to be docketed in the Superior Court. No formal complaint was filed before the Justice, but the note itself was exhibited instead, as the plaintiffs demand. Execution issued against the property of the defendant and was returned unsatisfied. Whereupon the plaintiff, H. M. Houston, made…
1Opinion of the Court
Smith, C. J,
(After stating the case as above.) The correctness of this ruling of the Court presents the only question for us to consider and decide:—
The arrest was illegal. The constitution, Art. I, § 16, declares that “ there shall be no imprisonment for debt in this State except in cases of fraud.” It is left to the General Assembly to provide by law for arrest and imprisonment in cases of fraud as it may deem proper, and to regulate and to define all proceedings which may be had in relation thereto. This has been done, and the legislation on the subject will be found in the Code of Civil…
2Cases cited2 opinions
- Bryan v. . HubbsSupreme Court of North Carolina · 1873
- McAden v. . BanisterSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Nunn v. SmithSupreme Court of North Carolina · 1967
- Howell v. HowellSupreme Court of North Carolina · 1909
- Patton v. . GashSupreme Court of North Carolina · 1888
- Kinney v. . LaughenourSupreme Court of North Carolina · 1887
- Preiss v. . CohenSupreme Court of North Carolina · 1895
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