Hicks v. . Wooten
Supreme Court of North Carolina
Appeal by plaintiff from judgment rendered by Stacy, J., at chambers, 14 August, 1917; from New HaNovee. Motion before Clerk of the Superior Court of New Hanover County, under Eevisal, sec. 620, for leave to issue execution on a judgment entitled as above and rendered at January Term, 1891, of said court.
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Appeal by plaintiff from judgment rendered by Stacy, J., at chambers, 14 August, 1917; from New HaNovee. Motion before Clerk of the Superior Court of New Hanover County, under Eevisal, sec. 620, for leave to issue execution on a judgment entitled as above and rendered at January Term, 1891, of said court. Before tbis judgment was taken, tbe defendant W. D. "Wooten and bis wife bad conveyed bis real and personal property to Joel Hines by a general assignment for tbe benefit of bis creditors, dated 26 October, 1889, and duly registered on tbe same day in Columbus County, where tbe grantors…
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe judge decided, correctly on both grounds. It appears tbat within three days after tbe appeal was taken from bis judgment tbe clerk prepared a statement of tbe case, signed tbe same and exhibited it to tbe parties, and there were no objections filed by them. Nothing else' was done by tbe clerk or the ap-. pellants until more than two months thereafter, tbat is, on 10 February, 1917, when, at tbe request of appellants, tbe papers were sent to tbe judge. Tbe defendant moved to dismiss tbe appeal, and this motion was granted. An examination of the- statute…
2Cases cited18 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
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