Towe v. . Felton
Supreme Court of North Carolina
This was a soire eacias tried before SaüNders, J., at Spring Terni, 1859, of Perquiinons Superior Court. The following are the facts of the case: The assignor, Martin Towe, at November Term, 1856, of the Court of Pleas and Quarter Sessions, for Perquimons county, obtained judgment by default final, against James L. Ball and the defend? ant, William. Eelton, as administrator of one Thomas B. Long, upon a parnership debt due by Long and Ball.
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This was a soire eacias tried before SaüNders, J., at Spring Terni, 1859, of Perquiinons Superior Court. The following are the facts of the case: The assignor, Martin Towe, at November Term, 1856, of the Court of Pleas and Quarter Sessions, for Perquimons county, obtained judgment by default final, against James L. Ball and the defend? ant, William. Eelton, as administrator of one Thomas B. Long, upon a parnership debt due by Long and Ball. Upon this,-execution issued, and was returned “nothing to be found,” as to said Felton, as administrator, and a levy was made upon the property of James…
1Opinion of the CourtManly, J.
The point upon which the case turns, is decided in that of Hinton v. Odenheimer, 4 Jones’ Eq. Rep. 4ÜG.
By a reference to the facts there stated, it will be found that it presents the case of a payment by a copartner, of a judgment against the firm, and an attempt to enforce its collection against the bail of the other partners, and the case is put upon the point, whether payment, under such circumstances, does not extinguish the judgment. It is there decided that it did, and that the judgment could not be kept alive by the in tervention of an assignment. The case now before ns, rests on the…
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