Norwood v. . Thorpe
Supreme Court of North Carolina
Case submitting a question in difference, decided by Tourgee, J., at Spring Term 1870, of Person Court. The question was, whether there were any priority between judgments taken as follows: The Ball Term of Person Court 1869, began by law upon the 6th Monday after the first Monday of September, being the 18th day of October, hut the Judge did not attend until the 7th Monday, being the second week of the term, he having previously directed the sheriff to adjourn the Oourt…
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Case submitting a question in difference, decided by Tourgee, J., at Spring Term 1870, of Person Court. The question was, whether there were any priority between judgments taken as follows: The Ball Term of Person Court 1869, began by law upon the 6th Monday after the first Monday of September, being the 18th day of October, hut the Judge did not attend until the 7th Monday, being the second week of the term, he having previously directed the sheriff to adjourn the Oourt until that day. The plaintiff’s judgments were taken at that term, and were certified as docketed on the 26th day of…
1Opinion of the CourtPeabson, C. J.
His Honor fell into error, because, as it would seem, he did not fully comprehend the extent and the importance of the change made in the Code of Civil Procedure by the statute of March 16th 1869, entitled u An act suspending the Code of Civil Procedure in certain cases and particularly, by the enactment “ writs of summons shall be returnable to the regular terms of the Superior Courts.” The effect of this enactment, according to the construction given to it by this Court, after much consideration, in McAdoo v. Benbow, 63 N. C., 461, is to repeal so much of the Code as confers jurisdiction on…
2Cases cited1 opinion
- McAdoo v. . BenbowSupreme Court of North Carolina · 1869
3Cited by10 opinions
- State v. WoodSupreme Court of North Carolina · 1918
- State v. . WoodSupreme Court of North Carolina · 1918
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
- Efland v. . EflandSupreme Court of North Carolina · 1887
- McNeill v. . McDuffieSupreme Court of North Carolina · 1896
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