Bank of North Wilkesboro v. Wilkesboro Hotel Co.
Supreme Court of North Carolina
ActioN heard on motion to revive judgment, by Ferguson, ■J., at January Term, 1908, of Wilkes. On 4 March, 1895, the Bank of Wilkesboro recovered judgment against the Wilkesboro Hotel Company, principal, and S. J. Gennings, surety, for $757, interest and cost. Execution was issued thereon and the amount, with commissions, etc., paid by said Gennings, 6 September, 1895. The execution was duly returned, showing payment.
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ActioN heard on motion to revive judgment, by Ferguson, ■J., at January Term, 1908, of Wilkes. On 4 March, 1895, the Bank of Wilkesboro recovered judgment against the Wilkesboro Hotel Company, principal, and S. J. Gennings, surety, for $757, interest and cost. Execution was issued thereon and the amount, with commissions, etc., paid by said Gennings, 6 September, 1895. The execution was duly returned, showing payment. Some time thereafter, the date not appearing, the Bank of Wilkesboro made, an assignment of the judgment to said Gennings. This appears on the judgment docket. On 2 September,…
1Opinion of the CourtCoNNOR, J.
This proceeding lias had a long and tedious journey through the court, coming to ns in a somewhat different aspect from that in which it began its career. The original notice to defendant company was evidently intended as a basis for a motion for leave to issue execution pursuant to section 620, Revisal. The difficulty with which the surety, Gennings, was confronted consisted in the fact that upon payment by him of the execution in 1895 the judgment was can-celled and satisfied. In Sherwood v. Collier, 14 N. C., 380, it is held that the payment by the surety of the judgment against the…
2Cases cited8 opinions
- Peebles v. . GaySupreme Court of North Carolina · 1894
- Sherwood Ex Rel. State Bank v. CollierSupreme Court of North Carolina · 1832
- Hodges v. . ArmstrongSupreme Court of North Carolina · 1831
- Brown v. WheelerSupreme Court of Alabama · 1842
- McLeod v. WilliamsSupreme Court of North Carolina · 1898
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- Jones v. . RheaSupreme Court of North Carolina · 1930
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