Weaver v. . Cryer
Supreme Court of North Carolina
From Hertford. Troyer. tor catxXiE, in which the usual memoran-tlurn of “ not guilty,” was entered on the Clerk’s docket. Ou the trial before Martin Judge, on the last Circuit, it was proved by the Plaintiff; that the cattle in dispute were levied on as the property of Bridget Weaver, by the Defendant Moo%c, wSto was a Constable, and -bought by tfie Defendant Cryer, and that Bridget Weaver had before the levy, sold them to the Plaintiff.
Read the full summary
From Hertford. Troyer. tor catxXiE, in which the usual memoran-tlurn of “ not guilty,” was entered on the Clerk’s docket. Ou the trial before Martin Judge, on the last Circuit, it was proved by the Plaintiff; that the cattle in dispute were levied on as the property of Bridget Weaver, by the Defendant Moo%c, wSto was a Constable, and -bought by tfie Defendant Cryer, and that Bridget Weaver had before the levy, sold them to the Plaintiff. At the sale, a woman who lived with ¡he Plaintiff, claimed the cattle by a gift from Bridget Weaver ; the Plaintiff was present when this claim was made, and…
1Opinion of the Court
The defendants offered in evidence a judgment in favor of the defendant Cryer against Bridget Weaver, rendered by a justice of the peace on 7 June, 1823, and a writ of fieri facias thereon, written on the same paper, directed to the defendant Moore, and dated 30 August, 1824, which was returned levied on the cattle in dispute. His Honor rejected the evidence, thinking that an officer could not justify under process which issued on a judgment more than a year and a day (338) old.
The counsel for the defendant requested the judge to instruct the jury that common reputation was not evidence of a…
2Cited by3 opinions
- Walker v. . WalkerSupreme Court of North Carolina · 1909
- Spaugh v. . HartmanSupreme Court of North Carolina · 1909
- State v. . JeffreysSupreme Court of North Carolina · 1926