Heggie v. . Building and Loan Association
Supreme Court of North Carolina
This is an appeal from a judgment of MacRae, J., sustaining a demurrer to an interplea filed by C. E. Cheatham, in certain proceedings supplementary to execution, rendered at the July Term, 1890, of the Superior Court of Granville County.
Read the full summary
This is an appeal from a judgment of MacRae, J., sustaining a demurrer to an interplea filed by C. E. Cheatham, in certain proceedings supplementary to execution, rendered at the July Term, 1890, of the Superior Court of Granville County. The record is voluminous, but the following summary is sufficient for the purpose of this appeal: At the February Term, 1889, of the Superior Court .of Granville, the plaintiff recovered judgment against the defendant association for the sum of $2,091.54, with interest on $1,086 till paid, subject to,a credit of $600. Execution was issued thereon, and duly…
1Opinion of the CourtDavis, J.
rafter stating the facts: Whatever may have been the nature of the plaintiff’s claim, whether just or unjust, conscionable or unconscionable, his judgment, if regularly taken in a Court of competent jurisdiction, and in accordance with the course and practice of the Court, created a lien upon any property owned by the defendant corporation, and its payment may be enforced by-execution, or, if execution be returned unsatisfied, by proceedings supplementary to execution, as prescribed by section 488 et seq. of The Code, and the judgment cannot be attacked or impeached by any member of the…
2Cases cited4 opinions
- Marshall Foundry Co. v. . KillianSupreme Court of North Carolina · 1888
- Vonglahn v. . DerossetSupreme Court of North Carolina · 1879
- Dobson v. . SimontonSupreme Court of North Carolina · 1882
- Latham v. Washington Building & Loan Ass'nSupreme Court of North Carolina · 1877
3Cited by18 opinions
- Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
- Fitzpatrick v. McGregorSupreme Court of Georgia · 1909
- Pender v. . SpeightSupreme Court of North Carolina · 1912
- Hale v. HardonCourt of Appeals for the First Circuit · 1899
- Boggs v. FlemingCourt of Appeals for the Fourth Circuit · 1933
13 more not listed; retrieve them via the Exa API.