McKinney Ex Rel. McKinney v. Patterson
Supreme Court of North Carolina
Civil action-, tried before Stacy, J., and a jury, at May Term, 1917, of Eoesyth. Tbe plaintiff alleges tbat be was run over and seriously injured by an automobile driven- by tbe defendant Francis E. Patterson and owned by bis uncle and codefendant, John L. Patterson, and tbat bis injuries were caused by tbe negligence of tbe defendant Francis E. Patterson in driving 'tbe automobile on Cberry Street, in tbe city of Winston, at an excessive and dangerous speed and in a…
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Civil action-, tried before Stacy, J., and a jury, at May Term, 1917, of Eoesyth. Tbe plaintiff alleges tbat be was run over and seriously injured by an automobile driven- by tbe defendant Francis E. Patterson and owned by bis uncle and codefendant, John L. Patterson, and tbat bis injuries were caused by tbe negligence of tbe defendant Francis E. Patterson in driving 'tbe automobile on Cberry Street, in tbe city of Winston, at an excessive and dangerous speed and in a reckless manner. Tbe court charged, in part, as follows: “Tbe plaintiff bas offered evidence, as I said a moment ago, tending…
1Opinion of the Court
Walker, J.,
after stating the case: The court properly denied the plaintiff’s motion for an execution against the body of the defendant Francis F. Patterson. In order that such an execution may be issued, after the plaintiff has exhausted his remedy against the property of the defendant, a distinct and separate issue as to the essential fact upon which the right to the execution is based must be submitted to the jury, so as to have an affirmative finding as to the existence of the fact. We so held in Ledford v. Emerson, 143 N. C., 527. In that case, which involved the charge of fraud, not at…
2Cases cited15 opinions
- Linville v. . NissenSupreme Court of North Carolina · 1913
- State Ex Rel. Crawley v. WoodfinSupreme Court of North Carolina · 1878
- Hayes v. RailroadSupreme Court of North Carolina · 1905
- Merrick v. Bedford.Supreme Court of North Carolina · 1906
- Ledford v. EmersonSupreme Court of North Carolina · 1906
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3Cited by10 opinions
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- Rich v. . MoriseySupreme Court of North Carolina · 1908
- Paul v. National Auction Co.Supreme Court of North Carolina · 1921
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