Cannon v. . Parker
Supreme Court of North Carolina
MotioN of a Sheriff for instructions as to the proper application of funds in his hands, heard at Spring Term, 1879,, of Jackson Superior Court, before Gudger, J. On the 14th of September, 1878, the plaintiff obtained a judgment against the defendant, on a debt contracted prior to 1868, before a justice of the peace, which was duly docketed in the superior court on the 13th of January, 1879, and on same day an execution was issued and levied on defendant’s land, and the land…
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MotioN of a Sheriff for instructions as to the proper application of funds in his hands, heard at Spring Term, 1879,, of Jackson Superior Court, before Gudger, J. On the 14th of September, 1878, the plaintiff obtained a judgment against the defendant, on a debt contracted prior to 1868, before a justice of the peace, which was duly docketed in the superior court on the 13th of January, 1879, and on same day an execution was issued and levied on defendant’s land, and the land sold on the 15th of May, 1879: On the said day, to-wit, the 14th of September, 1878, William Cope and Jesse Estis,…
1Opinion of the CourtSmith, C. J.
The judgment of a justice of the peace may be docketed in the office of the superior court clerk of the county wherein it is rendered, and then become a “judgment of the superior court in all respects.” Execution thereon shall issue “to the sheriff of the county and shall have the same effect and be executed in the same manner as other executions of the superior court.” C. C. P., § 503.
It is, however," a judgment, when thus docketed in the superior court, only for the purpose of creating a lien on the debtor’s real property in the county and enforcing satisfaction by final process. It cannot…
2Cases cited4 opinions
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Birdsey v. . HarrisSupreme Court of North Carolina · 1873
- Richard Ledbetter v. . J. I. OsborneSupreme Court of North Carolina · 1872
- Sharpe v. . WilliamsSupreme Court of North Carolina · 1877
3Cited by10 opinions
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- Gammon v. . JohnsonSupreme Court of North Carolina · 1900
- Wilson Cotton Mills v. Randleman Cotton MillsSupreme Court of North Carolina · 1895
- Dunham v. Anders.Supreme Court of North Carolina · 1901
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