Adams v. . Guy
Supreme Court of North Carolina
MotioN for leave to issue execution, heard before 4m-field, J., at Fall Term, 1889, of Harnett Superior Court. The plaintiff obtained a judgment in ’the county of Har-nett, in the Court of a Justice of the Peace, against the defendants, on the first day of June, 1878, founded on a former similar judgment, for $46.04, with interest from the 19th of May, 1867, till paid, and for costs, .$1.60, on which was a credit.
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MotioN for leave to issue execution, heard before 4m-field, J., at Fall Term, 1889, of Harnett Superior Court. The plaintiff obtained a judgment in ’the county of Har-nett, in the Court of a Justice of the Peace, against the defendants, on the first day of June, 1878, founded on a former similar judgment, for $46.04, with interest from the 19th of May, 1867, till paid, and for costs, .$1.60, on which was a credit. This judgment was duly docketed in the office of the Superior Court Clerk of that county on the 3d day of June, 1878. On the first day of April, 1886, the plaintiff moved, before…
1Opinion of the Court
MekkiMON, C. J.:
The statute {The Code, § 153, par. 1) prescribes that “ An action on a judgment rendered by a Justice of the Peace” must be brought within seven years next after “ the date thereof,” else the same will be barred. Hence, the judgment of the plaintiff was barred by the statute at and before the time he made his motion for execution, unless the docketing of the same in the office of the Clerk of the Superior Court had the effect to render it such a judgment of that Court as could be barred only by the lapse of ten years next after the rendition thereof.
The statute (The Code,…
2Cases cited6 opinions
- Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
- Spicer v. . GambillSupreme Court of North Carolina · 1885
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
- Williams v. . WilliamsSupreme Court of North Carolina · 1881
- Lilly v. . WestSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Martin v. HouckSupreme Court of North Carolina · 1906
- Martin v. . HouckSupreme Court of North Carolina · 1906
- Patterson v. . WaltonSupreme Court of North Carolina · 1896
- Dunham v. Anders.Supreme Court of North Carolina · 1901
- Pipkin v. . AdamsSupreme Court of North Carolina · 1894
7 more not listed; retrieve them via the Exa API.