McRae v. . Davis
Supreme Court of North Carolina
Appeal from an interlocutory order of the Court of Equity of Montgomery, dissolving an injunction, Caldwell, Judge, presiding. D. A. Davis, as cashier of the branch of the bank of Cape Fear, at Salisbury, obtained a judgment, at law, against William McRae, Calvin Cochran and others, upon which an execution issued directed to the sheriff of Montgomery county, in which county all the defendants resided.
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Appeal from an interlocutory order of the Court of Equity of Montgomery, dissolving an injunction, Caldwell, Judge, presiding. D. A. Davis, as cashier of the branch of the bank of Cape Fear, at Salisbury, obtained a judgment, at law, against William McRae, Calvin Cochran and others, upon which an execution issued directed to the sheriff of Montgomery county, in which county all the defendants resided. The defendant, Cochran, was the sheriff of that county, and as such, he proceeded to collect the money out of his co-defendant, the principal in the execution, and did collect the whole sum out…
1Opinion of the CourtPeaRSON, C. J.
There is no error in the decretal order. The injunction was improvidently granted, and ought to have been dissolved, on the ground, that the bill discloses no equity.
The case turns upon the effect of a payment by McRae, the principal in the execution, to the sheriff, Calvin Cochran, who held the execution, and who was one of the defendants in the execution. Was this a satisfaction of the judgment? If it was, then the execution which afterwards issued, and in regard to which the injunction is granted, was, in law, of no force or effect, and the plaintiff had a plain remedy in the Court from…
2Cited by2 opinions
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