Bank of Oxford v. Bobbitt
Supreme Court of North Carolina
MotioN for judgment, heard February Term, 1892, of ■Granville Superior Court, Winston, J., presiding. His Honor refused the motion, and plaintiff appealed. The case is stated in the opinion.
1Opinion of the Court
MacRae, J.:
This is a motion for judgment absolute on amercement of the defendant, the Clerk of Granville Superior Court, for neglect to issue execution upon a judgment of said Court within six weeks from the rendition thereof, according to the provisions of § 470 of The Code.
The presiding Judge found as a fact that no money was ever paid or tendered to the defendant as fees for issuing .said execution.
This statute is highly penal and must be construed strictly (Bank v. Stafford, 2 Jones, 98); it was passed in 1850, and brought forward into The Code when it was enacted. Standing alone, there…
2Cases cited4 opinions
- State v. . CunninghamSupreme Court of North Carolina · 1875
- Andrews v. . WhisnantSupreme Court of North Carolina · 1880
- State ex rel. McIntyre v. MerrittSupreme Court of North Carolina · 1871
- Williamson v. . KerrSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Rankin v. . Gaston CountySupreme Court of North Carolina · 1917
- Board of Education v. . GallopSupreme Court of North Carolina · 1947
- McIntyre v. . MerrittSupreme Court of North Carolina · 1871