J. R. Cary Co. v. Allegood
Supreme Court of North Carolina
Civil action tried before Timberlake, J., at February 1897 Term of Craven Superior Court, on an agreed statement of facts, which were in substance as follows: On the 11th of September, 1896, Powell, Gwatheny & Co., obtained judgment against the defendant Allegood before S. R. Street, J. P., and executions were issued thereon on the same day; on the 6th day of November, 1896, the justice endorsed each of the executions as follows: “Execution renewed this Nov. 6th, 1896.” The…
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Civil action tried before Timberlake, J., at February 1897 Term of Craven Superior Court, on an agreed statement of facts, which were in substance as follows: On the 11th of September, 1896, Powell, Gwatheny & Co., obtained judgment against the defendant Allegood before S. R. Street, J. P., and executions were issued thereon on the same day; on the 6th day of November, 1896, the justice endorsed each of the executions as follows: “Execution renewed this Nov. 6th, 1896.” The plaintiffs, Jno-. R. Cary Co. and Old Dominion Paper Co., recovered judgments before William Colligan, J. P., on the 23d…
1Opinion of the CourtMontgomery, J.
The Sheriff of Craven County levied upon and sold the property of a debtor under final process issued and delivered to him, on the same day, by two different justices of the peace — the execution creditors being different persons. One of the Justices had a rule served on the Sheriff ordering him to show cause why he should not pay over the proceeds of the execution sales to the creditors named in the executions which had issued from his court. Upon the hearing, the Justice ordered the Sheriff to pay the entire proceeds in his hands to the creditors in the executions which he had issued, on…
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