Broyles Ex Rel. Gibbs v. Young
Supreme Court of North Carolina
MotioN to issue Execution, heard on appeal at Spring Term, 1879, of Yancey Superior Court, before Graves, J. A notice was issued to defendants on the 4th of February, 1879, to appear before the clerk of the superior court and show cause why an execution ^should not issue upon ajudgment obtained before a justice of the peace on the 1st of September, 1869, and docketed in the superior court on the 10th of February, 1870. The defendants appeared and insisted in their answer…
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MotioN to issue Execution, heard on appeal at Spring Term, 1879, of Yancey Superior Court, before Graves, J. A notice was issued to defendants on the 4th of February, 1879, to appear before the clerk of the superior court and show cause why an execution ^should not issue upon ajudgment obtained before a justice of the peace on the 1st of September, 1869, and docketed in the superior court on the 10th of February, 1870. The defendants appeared and insisted in their answer that the judgment was barred by the statute of limitations. No evidence was offered that any execution had ever issued upon…
1Opinion of the CourtDillakd, J.
The question presented for our determination upon the record and accompanying case of appeal is, whether the transcript of a judgment in a justice’s court is liable to the seven years bar to actions on justices’ judgments under C. C. P., § 32, or to the limitation of ten years prescribed to judgments of the superior court under section 31 of the code. The plaintiff’s judgment, of which a transcript was docketed in the clerk’s office of the superior court, was obtained on the 1st day of September, 1869, on a note dated the 28th of March 1860, and after being docketed no execution was issued or…
2Cases cited3 opinions
- Hutchison v. . SymonsSupreme Court of North Carolina · 1872
- Birdsey v. . HarrisSupreme Court of North Carolina · 1873
- Richard Ledbetter v. . J. I. OsborneSupreme Court of North Carolina · 1872
3Cited by11 opinions
- Adams v. . GuySupreme Court of North Carolina · 1890
- Morton v. . RippySupreme Court of North Carolina · 1881
- City of Charlotte v. BMJ OF CHARLOTTE, LLCCourt of Appeals of North Carolina · 2009
- Williams v. . WilliamsSupreme Court of North Carolina · 1881
- Daniel v. . LaughlinSupreme Court of North Carolina · 1882
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