Bank of Statesville v. Graham
Supreme Court of North Carolina
Motion to set aside return on execution, heard at August Special Term, 18*79, of Ibedell Superior Court, before Gudger, J. The bank of Statesville in the superior court of Iredell recovered judgment against the defendants, S. P. Graham, Milton Graham and H. P. Sharp, and sued out execution under which the sheriff sold for six hundred dollars, (a sum sufficient to pay the debt and costs) to the defendant Roxana Si monton, a tract of land belonging to one or both the…
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Motion to set aside return on execution, heard at August Special Term, 18*79, of Ibedell Superior Court, before Gudger, J. The bank of Statesville in the superior court of Iredell recovered judgment against the defendants, S. P. Graham, Milton Graham and H. P. Sharp, and sued out execution under which the sheriff sold for six hundred dollars, (a sum sufficient to pay the debt and costs) to the defendant Roxana Si monton, a tract of land belonging to one or both the defendants first named, and executed his deed to her therefor. The costs only were paid in money, and the residue of the price,…
1Opinion of the Court
Smith, C. J.,
after stating the case, There are several exceptions taken in the brief of the appellant’s counsel which is affixed to, and sent up with, the transcript which cannot be considered in this court because they constitute no part of the case on appeal and do not appear from the record to have been taken on the trial. We are enforcing a rule of long standing and repeatedly announced, in refusing to allow exceptions in civil causes to be first taken in this court, unless for want of jurisdiction, or where upon the whole case the party is not entitled to relief. Ring v. King, 4 Dev. &…
2Cases cited2 opinions
- Meekins v. . TatemSupreme Court of North Carolina · 1878
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1879
3Cited by8 opinions
- Weir v. . WeirSupreme Court of North Carolina · 1928
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Wellons v. . JordanSupreme Court of North Carolina · 1880
- Davis v. . CouncilSupreme Court of North Carolina · 1885
- Bryant v. . FisherSupreme Court of North Carolina · 1881
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