Whitmore-Ligon Co. v. Hyatt
Supreme Court of North Carolina
Civil actioN, beard on demurrer to complaint by Daniels, J., at November Term, 1917, of Edgecombe. Tbe action was in part against the defendant sheriff, to compel the sale of certain, goods levied on under an execution in plaintiff’s favor against defendant S. A. Gardner, judgment debtor, and without setting apart the personal property exemptions of said Gardner, as requested by him, and also to recover certain penalties against said sheriff by reason of other defaults in…
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Civil actioN, beard on demurrer to complaint by Daniels, J., at November Term, 1917, of Edgecombe. Tbe action was in part against the defendant sheriff, to compel the sale of certain, goods levied on under an execution in plaintiff’s favor against defendant S. A. Gardner, judgment debtor, and without setting apart the personal property exemptions of said Gardner, as requested by him, and also to recover certain penalties against said sheriff by reason of other defaults in the enforcement of said process. The claim for specific penalties having been withdrawn, the demurrer of the sheriff to…
1Opinion of the CourtHoee, J.
It appears from the complaint that S. A. Gardner, a retail merchant, in October, 1916, sold his stock of goods in bulk to his code-fendant R: E. Fulford without in any way complying with the requirements of the statute regulating such sales, Pell’s Revisal, sec. 964a, and Gregory’s Supp., same section, p. 108; that plaintiff, a creditor of the vendor, by reason of goods sold, delivered and unpaid for, instituted his action before a justice of the peace and recovered judgment for the then debt, $78.76 and costs, and that execution thereon having been placed in the hands of the defendant…
2Cases cited10 opinions
- Daly v. Sumpter Drug Co.Tennessee Supreme Court · 1912
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Duvall v. . RollinsSupreme Court of North Carolina · 1874
- Marlow v. RingerWest Virginia Supreme Court · 1917
- Gallup & Co. v. RozierSupreme Court of North Carolina · 1916
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3Cited by6 opinions
- Hyman v. SternCourt of Appeals for the Fourth Circuit · 1930
- Raleigh Tire & Rubber Co. v. MorrisSupreme Court of North Carolina · 1921
- Armfield Co. v. . SaleebySupreme Court of North Carolina · 1919
- Armfield Co. v. SaleebySupreme Court of North Carolina · 1919
- Kramer Bros. v. McPhersonSupreme Court of North Carolina · 1957
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