Barnes v. . Barnes
Supreme Court of North Carolina
This was an action of debt, tried before Heath, J., at the last Spring Term of Wilson Superior Court. During the pendency of this case in the Superior Court, the defendants pleaded, since the last continuance, the following act of Assembly: An Act to Provide against the Sacrifice of Property and TO SUSPEND PROCEEDINGS IN CERTAIN CASES.
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This was an action of debt, tried before Heath, J., at the last Spring Term of Wilson Superior Court. During the pendency of this case in the Superior Court, the defendants pleaded, since the last continuance, the following act of Assembly: An Act to Provide against the Sacrifice of Property and TO SUSPEND PROCEEDINGS IN CERTAIN CASES. Sec. 1 Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That no execution of fieri facias or venditioni exponas founded upon a judgment in any suit or action for debts and demands due…
1Opinion of the CourtPearson, C. J.
The plea, since the last continuance, by which the defendants claim the benefit of what is commonly called the “'Stay Law,” presents for our decision the question of the constitutionality of an act of the last session of the General Assembly — entitled “ An Act to provide against the sacrifice of property, and to suspend proceedings in certain cases.” The same question was raised in every case decided at this term, where the judgment in the Court below is affirmed, by motions for j udgment and that execution shall be issued.
Whether, in the present condition of the country, the statute be…
2Cited by12 opinions
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