May v. State Bank of North Carolina
Supreme Court of Virginia
After the decision of the court of appeals in the case of The State Bank of North Carolina v. Cowan &c. 8 Leigh 238. judgment was entered in the circuit court of Meclclenhurg county, on the 12th of May 1837, in pursuance thereof, and execution issued upon that judgment, in strict conformity therewith, against the goods of William B. Cowan, Richard May, James Smith and Francis Jones.
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After the decision of the court of appeals in the case of The State Bank of North Carolina v. Cowan &c. 8 Leigh 238. judgment was entered in the circuit court of Meclclenhurg county, on the 12th of May 1837, in pursuance thereof, and execution issued upon that judgment, in strict conformity therewith, against the goods of William B. Cowan, Richard May, James Smith and Francis Jones. Under the execution, properly belonging to May was taken to satisfy the same, and he gave a bond for the forthcoming thereof at the day of sale, with John A. Smith as bis surety; which bond was forfeited. Upon…
1Opinion of the CourtBaldwin, J.
This is an attempt, by motion, to defeat a judgment, for matter of abatement which occurred prior to the judgment. The defendants in the action resist the process of execution, chiefly on the ground that the charter by which the plaintiffs were incorporated expired at a certain period ; and that, period, it appears by their own shewing, was antecedent *66to the rendition of the judgment. The defence, it will be seen, is not upon the merits, but against the merits, and supposes that the merits ought not to have been considered. And the only enquiry that need be made *n reSarc^ t0 this objection…
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- Service Lumber Co. v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1915
- Shepherd v. F. J. Kress Box Co.Supreme Court of Virginia · 1930
- Paine v. TutwilerSupreme Court of Virginia · 1876
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