Purvis v. Royal Robinson & Co.
Supreme Court of North Carolina
PetitioN of an insolvent debtor to be discharged, heard before Bailey, Judge, at the Spring Term, 1855, of Sampson Superior Court. The petitioner was arrested on a ca. sa., at the suit gí Royal Robinson & Co., returnable to August Term, 1853, of tbe County Court of Sampson. He was imprisoned under tbis process, and while thus in close custody, filed tbis petition for bis release, accompanied with a schedule.
Read the full summary
PetitioN of an insolvent debtor to be discharged, heard before Bailey, Judge, at the Spring Term, 1855, of Sampson Superior Court. The petitioner was arrested on a ca. sa., at the suit gí Royal Robinson & Co., returnable to August Term, 1853, of tbe County Court of Sampson. He was imprisoned under tbis process, and while thus in close custody, filed tbis petition for bis release, accompanied with a schedule. The defendants, Royal Robinson & Co., opposed petitioner’s application, and made objections to the schedule, which were overruled. The County Court, deciding that they could only impeach…
1Opinion of the CourtNash, C. J.
The petitioner, claiming to be an insolvent debtor, has filed his petition to be released from imprisonment, under the provisions of the 4th section of the act of 1836. Seo Rev. Stat, ch. 58. In the County Court issues were ordered to. bo made up to try the facts involved in the case, and which were in contest between the parties. From this order the defendant appealed to the Superior Court, where the presiding Judge, being of opinion that, under the act of 1836, there was no necessity for issues, proceeded himself to hear and decido the facts alleged on each side. In this there is error.…
2Cited by1 opinion
- State v. W. O. Sanders.Supreme Court of North Carolina · 1910