Paschall v. . Bullock
Supreme Court of North Carolina
Motion by the defendant to recall and set aside an execution in favor of the plaintiff, heard at Pall Term, 1878, of Granville Superior Court, before Kerr, J. The opinion contains the facts. The motion was denied and the defendant appealed.
1Opinion of the CourtSmith, C. J.
This action was commenced in January, 1867, by J. T. Leach, executor of R. C. Maynard, against the defendant and one Ranchen Haithcock, and judgment recovered against them at August term, 1870, of Granville superior court. Execution was issued thereon which was. returned to the next term unsatisfied, and none other until this which the defendant now asks to have recalled and set aside.
Pending the action the defendant Bullock instituted proceedings in bankruptcy which terminated in a decree of discharge from his debts on the 10th of June, 1870.
The judgment became dormant and the executor…
2Cases cited1 opinion
- Dawson v. . HartsfieldSupreme Court of North Carolina · 1878
3Cited by7 opinions
- State v. GarciaNew Mexico Supreme Court · 1914
- Helms v. HolmesCourt of Appeals for the Fourth Circuit · 1942
- Sanderson v. . DailySupreme Court of North Carolina · 1880
- Balk v. Harris.Supreme Court of North Carolina · 1902
- Bell v. . CunninghamSupreme Court of North Carolina · 1879
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