Dobbin v. . Gaster
Supreme Court of North Carolina
Appeal from the Superior Conrt of Law of Moore county, at the special term, in December, 1843, his Honor Judge Manly presiding. It appeared from the records, that the plaintiff had obtained a judgment before a justice of the peace against John Gaster, one of the defendants ; and on the 20th of March, 1843, he took out a process thereon, which was intended to be a capias ad satisfaciendum.
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Appeal from the Superior Conrt of Law of Moore county, at the special term, in December, 1843, his Honor Judge Manly presiding. It appeared from the records, that the plaintiff had obtained a judgment before a justice of the peace against John Gaster, one of the defendants ; and on the 20th of March, 1843, he took out a process thereon, which was intended to be a capias ad satisfaciendum. But, instead of being returnable within three months after its date and before a justice of the peace, it was made returnable to the next County Court of Moore County, to be held at the Court-House in…
1Opinion of the CourtRuffin, C. J.
We regret that the case has not been argued for the appellees; since, as at present advised, our opinion is against them, and there may be reasons for the decision under review, which' are not set forth of perceived here, The counsel for the plaintiff indeed informed us that the ground on which it was made, was, that the ca. sa. was insufficient, because illegally returnable as tó time and place ; and lie attempted to support that process in those points. The Court, however, is not prepared to go with him iri the argument upon that part of the case. But it is not thought material to examine…
2Cited by4 opinions
- Finger v. . SmithSupreme Court of North Carolina · 1926
- Winslow v. . AndersonSupreme Court of North Carolina · 1838
- Porter v. . AlexanderSupreme Court of North Carolina · 1928
- Whitley v. . BlackSupreme Court of North Carolina · 1822