Williams v. . Williams
Supreme Court of North Carolina
MotioN to vacate a judgment and set aside an execution heard at Spring Term, 1880, of DupliN Superior Court, before Avery, J. The defendant appealed from the ruling of the court below.
1Opinion of the CourtSmith, C. J.
The plaintiff recovered judgment against the defendants before a justice of the peace on June 14th, 1873, for the sum of $104.57, and costs.
No execution issued thereon and in June or early in July, 1878, he brought his action on said judgment but failed to prosecute the same and submitted to a nonsuit.
Thereafter, on the 16th day of the month last mentioned, he obtained a transcript of the judgment from the justice and caused the same to be filed and docketed in the office of the superior court clerk of the county. On the same day he sued out execution returnable to fall term of the court,…
2Cases cited1 opinion
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
3Cited by8 opinions
- Thomas v. Higgs & CalderwoodWest Virginia Supreme Court · 1910
- Adams v. . GuySupreme Court of North Carolina · 1890
- Lowdermilk v. . ButlerSupreme Court of North Carolina · 1921
- Cowen v. . WithrowSupreme Court of North Carolina · 1894
- Surratt v. . CrawfordSupreme Court of North Carolina · 1882
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