Grant v. . Burgwyn
Supreme Court of North Carolina
Civil ActioN tried at January Special Term, 1882, of Northampton Superior Court, before Graves, J. Appeals were taken by both the plaintiff and defendant, ,S. Emily Burgwyn, which for the sake of convenience the court considered together. There were also exceptions taken to the rulings of the court with reference to the rights of the inter-pleader, Welsh, but as the court found it unnecessary to consider them, it is needless to state them.
Read the full summary
Civil ActioN tried at January Special Term, 1882, of Northampton Superior Court, before Graves, J. Appeals were taken by both the plaintiff and defendant, ,S. Emily Burgwyn, which for the sake of convenience the court considered together. There were also exceptions taken to the rulings of the court with reference to the rights of the inter-pleader, Welsh, but as the court found it unnecessary to consider them, it is needless to state them. The plaintiff begun his action against the defendant, Burgwyn, on the 18th June, 1877, and at the same time sued out warrants of attachment, which were…
1Opinion of the CourtRuffin, J.
It seems to this court to be impossible to sustain the judgment, which was rendered in this cause in the court below, upon any principle of law or rule of pleading.
So long ago as the time of Lord Coke, in Higgans’ Case, 6 Rep., 45, it was resolved, that whenever a judgment was recovered upon a bond, and the same remained in force, then the obligee in the bond could not have a new action upon it— the principle of the decision being, as expressed in the maxim transit in rem juclieatum, that the cause of action is thereby changed into a matter of record of a higher nature, and the inferior…
2Cases cited6 opinions
- United States v. PriceSupreme Court of the United States · 1850
- Wayman v. CochraneIllinois Supreme Court · 1864
- Shelton v. . DavisSupreme Court of North Carolina · 1873
- Rand v. State National Bank of RaleighSupreme Court of North Carolina · 1877
- Pearce v. . MasonSupreme Court of North Carolina · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Railway Co. v. StateSupreme Court of Arkansas · 1894
7 more not listed; retrieve them via the Exa API.