King v. . Howard
Supreme Court of North Carolina
This was a Scire Facias against the defendant to have execution cle bonis pr opr Us, for the costs of a former action of debt brought against the. defendant as the executor of John Howard. The sci.fa. set out an absolute judgment in favor of the plaintiff for g47 07i, the amount of assets in the hands of the defendant, and also for g49,55 the plaintiff’s costs, and judgment quaiulo for- a large sum.
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This was a Scire Facias against the defendant to have execution cle bonis pr opr Us, for the costs of a former action of debt brought against the. defendant as the executor of John Howard. The sci.fa. set out an absolute judgment in favor of the plaintiff for g47 07i, the amount of assets in the hands of the defendant, and also for g49,55 the plaintiff’s costs, and judgment quaiulo for- a large sum. An execution de bonis teslatoris was recited with a return of satisfaction, of the assets found to be in the bands of the defendant* and nulla bona as to the costs. No de-vastavit was suggested in…
1Opinion of the Court
Rtjejfin, Chief-Justice.
After stating the case as above, proceeded. — The proceedings throughout have been irregularly conducted, and the entries inaccurate, and the case is brought here in a form which is ' far from presenting the points distinctly. No case is stated in the record, on which the opinion of the court was given. But to tiie transcript of the present suit is annexed a transcript of the former one, which we cannot suppose was meant to enable this court to pass on the issue on mil del record, but was intended to form the case on which the point actually decided, arises.— That…
2Cases cited1 opinion
- Teasdale v. . BrantonU.S. Circuit Court for the District of North Carolina · 1805
3Cited by2 opinions
- Parker v. . StephensSuperior Court of North Carolina · 1795
- Hogg v. . WhiteSuperior Court of North Carolina · 1796