Daniel v. . Owen
Supreme Court of North Carolina
Application for an Injuction, tried before Kerr, J., at Fall Term, 18Jé. Obange Superior Court. The defendant moved for an order of inj unction to restrain the plaintiff from collecting the amount due on execution, on account of an alleged error in entering judgment for an excessive amount. A restraining order had been issued on the affidavit of defendant until the hearing.
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Application for an Injuction, tried before Kerr, J., at Fall Term, 18Jé. Obange Superior Court. The defendant moved for an order of inj unction to restrain the plaintiff from collecting the amount due on execution, on account of an alleged error in entering judgment for an excessive amount. A restraining order had been issued on the affidavit of defendant until the hearing. The defendant also moved to set aside the j udgment on account of a breach of agreement on the part of the plaintiff, and accident, mistake and excusable neglect on the part of the defendant. The defendant produced the…
1Opinion of the CourtPeabson, C. J.
The plaintiff obtained judgment by default against the defendant for a debt, sued out execution and had it levied on land. The defendant obtained a restraining order on the ground of a variance between the judgment and the execution. The restraining order was discharged upon the plaintiff’s agreeing to correct the execution by making it conform to the judgment. Thereupon the defendant, on affidavit, moved to vacate the judgment on the ground of inadvertence, &c., under section 133, C. C. P. This motion was not allowed. Thereupon the plaintiff moved that the defendant be ordered t© pay the…
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- State Ex Rel. Harris v. HarrisonSupreme Court of North Carolina · 1876
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