State Ex Rel. Peebles v. Foote
Supreme Court of North Carolina
Motion to vacate an oi’der of arrest and discharge the defendant from custody, heard at Spring Term, 1880, of Nokthampton Superior Court, before Qudger, J. The plaintiff in the year 1878 brought an action in the superior court of Northampton county upon the official bond of one Larkins, sheriff of the county of Halifax, against the defendants, his sureties on said bond.
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Motion to vacate an oi’der of arrest and discharge the defendant from custody, heard at Spring Term, 1880, of Nokthampton Superior Court, before Qudger, J. The plaintiff in the year 1878 brought an action in the superior court of Northampton county upon the official bond of one Larkins, sheriff of the county of Halifax, against the defendants, his sureties on said bond. The breach assigned was the non-payment of one hundred dollars with interest and costs, which the plaintiff had theretofore recovered as an amercement against said Larkins, for having failed to make due return of process…
1Opinion of the CourtAshe, J.
The question presented by the record is, whether in a case like this an execution can be issued against the person of a defendant without an order of arrest having been served before the judgment. It is one of those new questions of practice that are constantly and unexpectedly springing up from the code, that unfailing source of so many perplexing questions.. The defendant was taken in execution by virtue of section 260 of the code of civil procedure, which reads : “ If the action be one in which the defendant might have been arrested, as prescribed in section 149 and section 151, an…
2Cases cited6 opinions
- Clark v. . ClarkSupreme Court of North Carolina · 1870
- Hughes, Adm'r v. . Person and OthersSupreme Court of North Carolina · 1869
- Blason v. BrunoNew York Supreme Court · 1861
- Wood Hathaway v. . HarrellSupreme Court of North Carolina · 1876
- Hess, Rogers Co. v. . BrowerSupreme Court of North Carolina · 1877
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3Cited by16 opinions
- Foster v. . HymanSupreme Court of North Carolina · 1929
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Nunn v. SmithSupreme Court of North Carolina · 1967
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- Harriss v. . SneedenSupreme Court of North Carolina · 1888
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