Vegelahn v. . Smith
Supreme Court of North Carolina
Appeal from a judgment of the Clerk, in a proceeding supplemental 1o execution, heard by Connor, Judge, at January Term, 1886, of New Hakover Superior Court. The plaintiff had judgment in the Superior Court against the defendant. Execution issued thereon, and the Sheriff returned the same wholly unsatisfied. Thereupon, on the 7th day of October, 1885, the plaintiff began proceedings supplementary to the execution.
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Appeal from a judgment of the Clerk, in a proceeding supplemental 1o execution, heard by Connor, Judge, at January Term, 1886, of New Hakover Superior Court. The plaintiff had judgment in the Superior Court against the defendant. Execution issued thereon, and the Sheriff returned the same wholly unsatisfied. Thereupon, on the 7th day of October, 1885, the plaintiff began proceedings supplementary to the execution. The Court (the Clerk) made an order that the defendant appear and answer concerning his property, &c., &c. Pending these proceedings, on the 12th day of October, 1885, at the…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). A judgment creditor is entitled to have his judgment satisfied, if need be, by a sale of his debtor’s property, except such parts thereof as may be exempt from execution. The ordinary process to enforce such judgment is that of execution against the property of the debtor, and this process the creditor may have from time to time while the judgment continues in force, until it shall be discharged. Indeed, executions may be so issued at the same time to different counties. The Code, §§441, 444.
If the Sheriff cannot find property of the debtor leviable, sufficient to…
2Cases cited2 opinions
- Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
- Fellerman's CaseNew York Supreme Court · 1855
3Cited by2 opinions
- Farmers & Mechanics National Bank of Westminster v. BurnsSupreme Court of North Carolina · 1891
- Rice v. . JonesSupreme Court of North Carolina · 1889