Legal Opinion

Commissioners of Montgomery Co. v. Fry

Supreme Court of North Carolina

Decided November 27, 1900Published

Civil ActioN by the Board of Commissioners of Mont.-gomery County against Daniel Ery, heard by Judge H. R. Bryan, on an agreed state of facts, at October Term, 1900, of MONTGOMERY Superior Court. From judgment for plaintiff, the defendant appealed.

1Opinion of the CourtEubches, J.

Tbe county of Montgomery was owing tbe defendant a debt, for which tbe defendant brought action, and at December Term, 1889, of tbe Montgomery Superior Court, recovered judgment thereon for the sum of $3,912.39. The principal of said debt was $2,502.01, and the judgment rendered was in the usual and proper form — that the plaintiff (Ery) recover of the defendant (county) the sum of $3,912.39, “with interest on the sum of $2,502.01 from the 4th day of November, 1889, until paid.” On the 2d day of May, 1892, the county made a payment on said judgment of $200, and on the 22d of December, 1894,…

2Cases cited8 opinions

  1. Worley v. MooreIndiana Supreme Court · 1884
  2. Reade v. . StreetSupreme Court of North Carolina · 1898
  3. Boon v. Miller's ExecutorsSupreme Court of Missouri · 1852
  4. Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1900
  5. Chambers v. . MasseySupreme Court of North Carolina · 1851

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