Rankin v. . Minor, Adm'r.
Supreme Court of North Carolina
Motion, in proceedings supplementary to execution, to subject assets in the hands of an administrator to the debt of the plaintiff, heard before Kerr, J., at the Fall Term, 1874, of Guilford Superior Court. The plaintiff, a judgment creditor of Donnell, the intestate of defendant, instituted proceeding supplementary to execution, against the said intestate, on the 10th day of February, 1871; and on the same day obtained an order for his, the intestate’s examination.
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Motion, in proceedings supplementary to execution, to subject assets in the hands of an administrator to the debt of the plaintiff, heard before Kerr, J., at the Fall Term, 1874, of Guilford Superior Court. The plaintiff, a judgment creditor of Donnell, the intestate of defendant, instituted proceeding supplementary to execution, against the said intestate, on the 10th day of February, 1871; and on the same day obtained an order for his, the intestate’s examination. On the 16th day of February, one J. W. Payne, according to the order of the Court, took the examination ; and the fact was…
1Opinion of the CourtRodman, J.
Neither the order of the Court requiring .Daniel J. Donnell to appear and submit to an examination as to any property he might have, not subject to levy and sale under a fieri facias, nor his actual examination, and the disclosure by him, that he had an interest as distributee or otherwise in the estate of James M. Donnell, deceased, gave the plaintiff a lien upon that interest. It is provided by sec. 270 C. C. P. that such a lien shall be created by the appointment •.of a receiver, and by his filing a copy of the order with the Clerk of the Superior Court of the county where the judgment…
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