Legal Opinion

Foreman v. . Bibb

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 3 opinions

This was a motion made by the defendants, after notice to the plaintiff, to have satisfaction of a judgment which the plaintiff had obtained against them in the Superior Court of Pitt County entered of record, upon the ground that they had paid it since it was rendered.

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This was a motion made by the defendants, after notice to the plaintiff, to have satisfaction of a judgment which the plaintiff had obtained against them in the Superior Court of Pitt County entered of record, upon the ground that they had paid it since it was rendered. It came on to be heard before his Honor Judge Jones, at the Eall Term 1870, of the" Court of that County upon affidavits taken and filed by both parties, when his Honor found the fact to be, that the judgment had been paid by one of thefdefendants, and ordered and adjudged that satisfaction thereof be entered of record,…

1Opinion of the CourtSettle, J.

There was a motion by the defendants, supported by affidavits, before his Honor the Judge of the 2d Judicial District, after due notice to the plaintiff, to have satisfaction of the judgment theretofore obtained in the Superior Court against them, entered of record, upon the ground that it had been paid since its rendition.

The learned counsel for the plaintiff concedes that this was the mode of proceeding, in such cases, both in England and in this State, prior to the adoption of the Code of Civil Procedure, and that it is still the appropriate remedy. Mann, Ex'r. v. Blount, at this term.

But…

2Cases cited1 opinion

  1. Tate v. . PoweSupreme Court of North Carolina · 1870

3Cited by3 opinions

  1. Peoples v. . NorwoodSupreme Court of North Carolina · 1886
  2. Emily Moye v. . Daniel CodgellSupreme Court of North Carolina · 1872
  3. Brosnahan v. BrosnahanMissouri Court of Appeals · 1974

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