Morton v. . Rippy
Supreme Court of North Carolina
MotioN for leave to issue execution heard at Fall Term, 1880, of AlamaNce Superior Court, before Eure, J. A judgment recovered by the plaintiffs against the defendants before a justice of the peace was docketed in the superior court of Alamance on March 1st, 1869, and execution issued thereon on the 22d. It does not appear that any other ever issued.
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MotioN for leave to issue execution heard at Fall Term, 1880, of AlamaNce Superior Court, before Eure, J. A judgment recovered by the plaintiffs against the defendants before a justice of the peace was docketed in the superior court of Alamance on March 1st, 1869, and execution issued thereon on the 22d. It does not appear that any other ever issued. On the 22d of March, 1879, on application of the plaintiffs a notice signed by the clerk was delivered to the sheriff and made known to the defendants the next day reciting the motion for leave to issue execution on the judgment and appointing…
1Opinion of the CourtSmith, C. J.
We do not concur in the ruling of the court that the judgment of the justice upon a matter within his general jurisdiction could be thus impeached, and the docketing thereof upon the transcript in regular form in the1 superior court assailed and avoided as a defence to an application for leave to enforce it. This is admissible only before the tribunal which tried the cause and gave the judgment. Such, it has .been repeatedly held, is the orderly and only mode of procedure for relief against it. The judgment and the original papers in the cause remain in the court of the justice,…
2Cases cited3 opinions
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
- Birdsey v. . HarrisSupreme Court of North Carolina · 1873
- Richard Ledbetter v. . J. I. OsborneSupreme Court of North Carolina · 1872
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- Ray v. HarrisonSupreme Court of Oklahoma · 1912
- Wilson Cotton Mills v. Randleman Cotton MillsSupreme Court of North Carolina · 1895
- Patterson v. . WaltonSupreme Court of North Carolina · 1896
- King v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1893
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