Davenport Morris v. . Leary
Supreme Court of North Carolina
Civil ACTION, heard upon a case agreed, by Gudger, Judge, at Spring Term, 1886, of PjbrquimaKS Superior Court. The facts are as follows: 1. F. W. Bond died intestate in September, 1885, and administration was granted upon his estate, by the proper Court, to Wm. J. Leary, Jr., who is now acting as such. His estate is hopelessly insolvent.
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Civil ACTION, heard upon a case agreed, by Gudger, Judge, at Spring Term, 1886, of PjbrquimaKS Superior Court. The facts are as follows: 1. F. W. Bond died intestate in September, 1885, and administration was granted upon his estate, by the proper Court, to Wm. J. Leary, Jr., who is now acting as such. His estate is hopelessly insolvent. During the whole of the year 1884, said Bond was a resident of Chowan county. 2. At the date of the judgments named herein, and up to his death, Bond owned an interest in real estate in Perquimans county, which has been, since his death, duly sold, and the…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The plaintiffs’ judgments, rendered by a justice of the peace, were docketed in the Superior Court, on the 20th day of August, 1884, while the others, confessed before the Clerk of the Superior Court of Chowan, were put upon the docket the day previous, would have priority, if effectual and sufficient as judgments. The ruling assumes them to be invalid, and hence this is the only question to be determined in the appeal.
The Code authorizes the entry of a judgment by confession, in or out of term, in the manner, and subject to the conditions mentioned in Section 571…
2Cases cited1 opinion
- Davidson v. . AlexanderSupreme Court of North Carolina · 1881
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- City of Greensboro v. McAdooSupreme Court of North Carolina · 1893
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