Utley v. Young
Supreme Court of North Carolina
Civil action, founded on a former judgment rendered in the late County Court, tried before Watts, J., at January (Special) Term 1873, of Wake Superior Court. The plaintiff alleged his judgment, and that no part of it had been paid. The defendants admitted the judgment, but denied the allegation of non-payment — and said that execution was duly issued upon said judgment, tested of November Term, 1862, of Wake County Court, and returnable twelve months thereafter.
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Civil action, founded on a former judgment rendered in the late County Court, tried before Watts, J., at January (Special) Term 1873, of Wake Superior Court. The plaintiff alleged his judgment, and that no part of it had been paid. The defendants admitted the judgment, but denied the allegation of non-payment — and said that execution was duly issued upon said judgment, tested of November Term, 1862, of Wake County Court, and returnable twelve months thereafter. That the said execution was placed in the hands of the sheriff of Wake county, by plaintiff for collection, and that the defendant…
1Opinion of the CourtReade, J.
1. There is no doubt that it was within the discretion of his Honor to set aside the judgment and allow exceptions, and there is nothing in the case to indicate that his discretion was arbitrarily or unlawfully exercised There is, therefore, no error in the matter appealed from by the defendant, and this will be certified and there will be judgment against the defendant in this Court for the costs of his; appeal.
2. Whether the sheriff was authorized to receive and the defendant to pay Confederate Treasury notes on the 18th of May, 1863, depends upon whether prudent business men usually…
Also in this document: Per curiam.
2Cited by2 opinions
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873
- Melvin v. . StevensSupreme Court of North Carolina · 1881