Bailey v. . Hester
Supreme Court of North Carolina
This was a motion to recall an execution and have satisfaction of a judgment entered, heard before Meriimon, J., beard upon appeal from the Court of a Justice of the Peace, at Spring Term, 1888, of Bukice Superior Court. The plaintiff, in an action begun by the issue of a summons, recovered judgment on March 27, 1886, before two Justices of the Peace of Burke, acting in concert, upon which subsequently execution issued to the Sheriff of said county.
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This was a motion to recall an execution and have satisfaction of a judgment entered, heard before Meriimon, J., beard upon appeal from the Court of a Justice of the Peace, at Spring Term, 1888, of Bukice Superior Court. The plaintiff, in an action begun by the issue of a summons, recovered judgment on March 27, 1886, before two Justices of the Peace of Burke, acting in concert, upon which subsequently execution issued to the Sheriff of said county. In September following the defendant submitted the following affidavit: 1. That on the 27th day of March, 1886, a judgment was rendered in the…
1Opinion of the CourtSmith, C. J.
(after stating the case.) While the proceedings before a Justice in a civil action are not strictly a record, as declared in State v. Green, 100 N. C., 419, they yet possess very many of the attributes of a record under existing legislation. They (the Justices) are furnished with criminal and civil dockets in which must be entered a minute of every proceeding had before him (The Code, §831); when filled snch dockets must be filed with the Clerk, and if incomplete when he goes out of office delivered over to his successor (§§ 827 and 828); and indeed he acts in the trial of causes and issues…
2Cases cited4 opinions
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
- Morton v. . RippySupreme Court of North Carolina · 1881
- Birdsey v. . HarrisSupreme Court of North Carolina · 1873
- State v. . GreenSupreme Court of North Carolina · 1888
3Cited by2 opinions
- Essex Investment Co. v. PickelsimerSupreme Court of North Carolina · 1936
- Hamer v. . McCallSupreme Court of North Carolina · 1897