Thompson v. . Berry
Supreme Court of North Carolina
Scire Eacias, tried upon demurrer, by Buxton, J., at July Special Term 1869, of Iredell Court. At February Term 1868, of the County Court of Iredell, the plaintiff recovered judgment against Avery and another, and a fieri facias,, returnable to May Term 1868, thereupon issued to the defendant in this action, who was Sheriff of Burke, which he returned levied, &c.
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Scire Eacias, tried upon demurrer, by Buxton, J., at July Special Term 1869, of Iredell Court. At February Term 1868, of the County Court of Iredell, the plaintiff recovered judgment against Avery and another, and a fieri facias,, returnable to May Term 1868, thereupon issued to the defendant in this action, who was Sheriff of Burke, which he returned levied, &c. At said Term (May 1868) the plaintiff, on motion, recovered a judgment nisi against the defendant for $100, for want of a proper return on said execution; and thereupon a -scire facias in the usual form, tested of May Term 1868,…
1Opinion of the Court
Bodmaít, J.
(After stating the facts as above.) This case differs from the other case between the same parties, decided at this term, in this : in that, the amercement was for not making due return upon a venditionas ex-ponas, issued after the return of the fi. fa., and was made in the Superior Court at Fall Term 1868, which was subsequent to the ratification of the Code of Civil Procedure ; in this, the amercement and the teste of the original sci. fa. was in May 1868, and before the ratification of the Code, which was in August 1868. Section 400, C. C. P. authorizes the transfer of all suits…
2Cases cited1 opinion
- Teague v. . JamesSupreme Court of North Carolina · 1869
3Cited by1 opinion
- Lash v. . ThomasSupreme Court of North Carolina · 1882