Ledford v. Emerson.
Supreme Court of North Carolina
ActioN by J. P. Ledford against A. S. Emerson, pending in the Superior Court of Chbeokbb, and heard by Judge W. H. Neal, on October 2†, 1905, upon a motion to set aside an order of arrest and relieve the bail.
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ActioN by J. P. Ledford against A. S. Emerson, pending in the Superior Court of Chbeokbb, and heard by Judge W. H. Neal, on October 2†, 1905, upon a motion to set aside an order of arrest and relieve the bail. The principal action was instituted in July, 1903, to recover plaintiff’s share arising from a sale of certain options on land situated in north Georgia, same having been procured by plaintiff in the years 1900, 1901, etc., and sold by defendant in April, 1903, at a price of $10,000. The allegation and testimony of plaintiff tended to show that plaintiff procured a large number of…
1Opinion of the CourtHoke, J.
The judge below on the bearing, found the facts contained in the plaintiff’s affidavits to be true, and held, as a matter of law, that on these facts, there was no right shown to arrest the defendant. His Honor thereupon discharged the order of arrest and entered judgment exonerating the bail from any and all liability by reason of his surety-ship.
This, as we understand, was on the idea that the facts disclosed a case of partnership, and in such case, there was no legal right in one partner to cause the arrest of another.
It is a well recognized principle that during the continuance of a…
2Cases cited5 opinions
- Wheeler v. ArnoldMichigan Supreme Court · 1874
- Musier v. TrumpbourNew York Supreme Court · 1830
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- Moran v. LeBlancSupreme Court of Louisiana · 1851
- Soulé v. HaywardCalifornia Supreme Court · 1850
3Cited by12 opinions
- Pickett v. . R. R.Supreme Court of North Carolina · 1895
- Pugh v. . NewbernSupreme Court of North Carolina · 1927
- Newby v. . Realty Co.Supreme Court of North Carolina · 1921
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- Doyle v. . BushSupreme Court of North Carolina · 1915
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