Boykin, Carmer & Co. v. D. B. Buie
Supreme Court of North Carolina
This was a MOTION for leave to issue execution oti a judgment, heard on appeal from the Clerk at Fall Term, 1890, of the Superior Court of RobesoN County, before Graves, J. Judgment was rendered by a Justice of the Peace against the firm of D. B. Buie & Bros., composed of D. B. Buie, J. C. Buie and the appellant M. C. Buie, in favor of the plaintiffs, which judgment was subsequently docketed in the Superior Court, and at subsequent term of the latter Court a judgment was…
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This was a MOTION for leave to issue execution oti a judgment, heard on appeal from the Clerk at Fall Term, 1890, of the Superior Court of RobesoN County, before Graves, J. Judgment was rendered by a Justice of the Peace against the firm of D. B. Buie & Bros., composed of D. B. Buie, J. C. Buie and the appellant M. C. Buie, in favor of the plaintiffs, which judgment was subsequently docketed in the Superior Court, and at subsequent term of the latter Court a judgment was rendered in favor of the plaintiffs against the defendants for the sum of- Both of these judgments wereentered upon the…
1Opinion of the Court
Avery, J.:
We concur with the Judge who heard the motion in the Court below, in the opinion that the plaintiffs accepted the proposal of the defendant M. C. Buie, and were bound, when he forwarded the check for $45.55, the sum mentioned in their letter, to apply the same in full discharge of his indebtedness by reason of said judgments. The defendant has the right to demand that the substance of the said agreement shall appear upon the judgment docket, so as to show that the plaintiffs can proceed no further by virtue of the judgments against him. Under the provisions of the statute (The Code,…
2Cases cited1 opinion
- Koonce v. . RussellSupreme Court of North Carolina · 1889
3Cited by2 opinions
- Armstrong v. . LononSupreme Court of North Carolina · 1908
- Ramsey v. Browder.Supreme Court of North Carolina · 1904