Wallace Bros. v. Robeson
Supreme Court of North Carolina
Civil ACTION, tried before Connor, J., and a jury, at February Term, 1888, of Iredell Superior Court. The plaintiff brought this action against J. R. Robeson, in the Superior Court of the County of Iredell, to recover the money alleged to be due upon certain promissory notes specified in the complaint, and in the action sued out a warrant of arrest, and also a warrant of attachment, which latter was levied upon certain goods alleged to be the property of the defendant in the…
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Civil ACTION, tried before Connor, J., and a jury, at February Term, 1888, of Iredell Superior Court. The plaintiff brought this action against J. R. Robeson, in the Superior Court of the County of Iredell, to recover the money alleged to be due upon certain promissory notes specified in the complaint, and in the action sued out a warrant of arrest, and also a warrant of attachment, which latter was levied upon certain goods alleged to be the property of the defendant in the action. The plaintiffs afterwards obtained judgment for their debt. The appellants claim the goods so levied upon, and…
1Opinion of the Court
MekrimoN, J.,
(after stating the facts). It was contended on the argument before us, by the learned counsel for the appellants, that they have the right in this appeal, to insist that the Court below erred in denying their motion to set aside the judgment entered against them at the August Term of that Court of 1887. Clearly, they have no such right. No error was assigned in that respect, nor was there any appeal from the judgment, which was final. Indeed, it seems that they were well satisfied, inasmuch as the Court somewhat irregularly allowed an issue of fact to be submitted to a jury that…
2Cases cited2 opinions
- Churchill v. . LeeSupreme Court of North Carolina · 1877
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