Patterson v. . Walton
Supreme Court of North Carolina
MotioN, by R. M. Patterson, to revive a judgment, heard before Norwood, J., at Fall Term, 1896, of Burke Superior Court, on appeal from the clerk’s refusal to grant the motion. His Honor reversed the action of the clerk and defendants appealed.
1Opinion of the Court
Clark, J. •
There is no question as to the identity of the plaintiff, M. R. Patterson, named in the judgment with R. M. Patterson, who now moves to revive the judgment. Both the mover and the defendant swear to that effect and the judge finds it to be a fact. The judgment might well, therefore, have been revived in the name of M. R. Patterson, and the sheriff, when the money was collected, would have to pay it over to R. M. Patterson, though styled M. R. Patterson in the judgment, upon being satisfied of the identity of the person. A similar instance is where an execution is issued in the name…
2Cases cited6 opinions
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Adams v. . GuySupreme Court of North Carolina · 1890
- Morton v. . RippySupreme Court of North Carolina · 1881
- Adams v. . ReevesSupreme Court of North Carolina · 1877
- G. M. Gibbs, Ex'r v. . Thomas C. FullerSupreme Court of North Carolina · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. MurphyCalifornia Supreme Court · 1921
- Thorpe v. WilsonCourt of Appeals of North Carolina · 1982
- Piland v. Hertford County Board of CommissionersCourt of Appeals of North Carolina · 2000
- Fleming v. . BardenSupreme Court of North Carolina · 1900
- Allen v. PattersonSupreme Court of Colorado · 1920
8 more not listed; retrieve them via the Exa API.