Fisher v. . Carroll
Supreme Court of North Carolina
Cause removed from the Court of Equity of Sampson County, at the Spring Term 1845. The plaintiff had some justices’ judgments against one Underwood, stayed by the defendant Carroll, and amounting to $628 70, principal and interest. In October 1841» executions issued and were levied upon a barouche, the property of Underwood, which was sold, and purchased by the plaintiff, at the price of $94. The executions were also levied upon the property of Carroll.
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Cause removed from the Court of Equity of Sampson County, at the Spring Term 1845. The plaintiff had some justices’ judgments against one Underwood, stayed by the defendant Carroll, and amounting to $628 70, principal and interest. In October 1841» executions issued and were levied upon a barouche, the property of Underwood, which was sold, and purchased by the plaintiff, at the price of $94. The executions were also levied upon the property of Carroll. Five horses were sold, and bought by the plaintiff, at the price of $1S, and the officer was proceeding to sell other property, when the…
1Opinion of the CourtPearson, J.
It was objected, upon the argument, that there was no sufficient proof of the loss of the note to let in evidence of its contents, or to give this Court jurisdiction. Equity assumes jurisdiction, not merely upon the ground of accident, but because its mode of giving relief effects complete justice; for, its decrees are modelled to suit every circumstance, which may be presented in a cause; and a decree for the plaintiff, in the case of a lost bond, requires him to indemnify the defendant; whereas the judgment at law is absolute, either for the plaintiff or defendant.
The affidavit of loss,…
Also in this document: Per curiam.
2Cited by8 opinions
- Montgomery v. . LewisSupreme Court of North Carolina · 1924
- Gillis v. Wilmington, Onslow & East Carolina RailroadSupreme Court of North Carolina · 1891
- Powers v. . MurraySupreme Court of North Carolina · 1923
- Powers v. MurraySupreme Court of North Carolina · 1923
- Sallenger v. Perry.Supreme Court of North Carolina · 1902
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