Ballard v. . Waller
Supreme Court of North Carolina
This is an appeal from the judgment of'the Superior Court for Pitt County, at a Special Term, July, 1859, Manky, J., presiding. The facts of the case are as follows: Ballard, the plaintiff, hi this action, obtained a judgment against the defendant Waller, befoie a justice for $39.19, principal debt and interest, and forty cents costs.
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This is an appeal from the judgment of'the Superior Court for Pitt County, at a Special Term, July, 1859, Manky, J., presiding. The facts of the case are as follows: Ballard, the plaintiff, hi this action, obtained a judgment against the defendant Waller, befoie a justice for $39.19, principal debt and interest, and forty cents costs. Upon this judgment, a m. sa. issued, aud the defendant gave bond for his appearance at the next term of the Court of Pleas and Quarter Sessions for Pitt county, with the intent to take the oath for the relief of insolvent debtors. The defendant,4 Waller, filed…
1Opinion of the Court
Pearson, C. J".
This Court is of opinion, that under the provisions of the statute, Eev. Code, ch. 15, see. 89, the freeholders appointed to lay off and assign the property to which a debtor may be entitled, are not authorised to include a chose in action, a judgment, for instance, due to the debtor.-
“In addition to the foregoing articles, there shall be exempt from execution the following property: one cow and calf, ten bushels of corn, fifty pounds of bacon, farming tools for one to labor, one bed, &e. for every two members of the family, and such other property as the freeholders may deem…
2Cited by4 opinions
- Creditors Collection Ass'n v. BisbeeWashington Supreme Court · 1914
- In re CrookDistrict Court, W.D. Washington · 1915
- Underwood v. University of KentuckyDistrict Court of Appeal of Florida · 1980
- Hills v. JosephCourt of Appeals for the Ninth Circuit · 1916