Old Dominion Pants Co. v. Mewborn
Supreme Court of North Carolina
Appeal from Connor, J., at chambers, 17 December, 1915; from LENOIR. This is a motion to recall an execution issued to enforce the collection of a money judgment.
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Appeal from Connor, J., at chambers, 17 December, 1915; from LENOIR. This is a motion to recall an execution issued to enforce the collection of a money judgment. The material facts are as follows: The plaintiff recovered judgment against the defendant before a justice of the peace of Lenoir County on 26 September, 1904, for $102.45, and this judgment was immediately thereafter docketed in the Superior Court of Lenoir County; that no execution issued on said judgment until 22 April, 1913; that on the first day of April, 1913, a proceeding was begun under section 620 of the Eevisal to revive…
1Opinion of the CourtAllew, J.
'When a judgment of a justice of the peace is docketed in the Superior Court it becomes a judgment of the Superior Court for the purposes of lien and execution, enforcible on the same property, by the same kind of executions, within the same limitations prescribed by law for the enforcement of judgments rendered in the Superior Court, and can be revived, when dormant, in the same way. Broyles v. Young, 81 N. C., 315; Adams v. Guy, 106 N. C., 277.
If no execution issues on the judgment within three years from the docketing, or if that length of time is permitted to elapse at any time within the…
2Cases cited7 opinions
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Adams v. . GuySupreme Court of North Carolina · 1890
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
- Williams v. . MullisSupreme Court of North Carolina · 1882
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