Legal Opinion

Birdsey v. . Harris

Supreme Court of North Carolina

Decided January 5, 1873PublishedCited by 9 opinions

Motion to vacate and set aside an order, enjoining the collection of sundry executions in favor of the plaintiff and . against the defendant, heard before Clarice, J., at the Fall ' Term, 1871, of Wilson Superior Court. The plaintiff obtained, before a Justice of the Peace in dhe county of New Hanover, on the_29th June, 1871, judgments against the defendant for certain sums in three separate actions and for costs.

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Motion to vacate and set aside an order, enjoining the collection of sundry executions in favor of the plaintiff and . against the defendant, heard before Clarice, J., at the Fall ' Term, 1871, of Wilson Superior Court. The plaintiff obtained, before a Justice of the Peace in dhe county of New Hanover, on the_29th June, 1871, judgments against the defendant for certain sums in three separate actions and for costs. On the same day the plaintiff ..obtained from the justice transcripts of the judgments, and •had the same duly docketed by the clerk of the Superior 'Court of New Hanover county. A…

1Opinion of the CourtSettle, J.

The plaintiff’s counsel, Mr. L. W. Barringer insisted upon the argument that the record disclosed several defects, any one of which was fatal to the defendant’s case in this Court.

Without pausing to consider his other objections, the authorities cited to sustain the last are so directly in point as to enable us to dispose of the case in a few words.

The foundation of these proceedings is a judgment of a Justice of the Peace of New Planover county, docketed first in the office of the Superior Court Clerk of that county, and then regularly transmitted to, and docketed in the office of the…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. Hutchison v. . SymonsSupreme Court of North Carolina · 1872
  2. Richard Ledbetter v. . J. I. OsborneSupreme Court of North Carolina · 1872

3Cited by9 opinions

  1. Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
  2. Wilson Cotton Mills v. Randleman Cotton MillsSupreme Court of North Carolina · 1895
  3. Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
  4. Cannon v. . ParkerSupreme Court of North Carolina · 1879
  5. Morton v. . RippySupreme Court of North Carolina · 1881

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