Smith v. McClure

ARNOLD, Judge.

The primary question presented by this appeal is whether plaintiffs were entitled to judgment against defendant’s surety. In Pickelsimer v. Glazener, 173 N.C. 630, 636, 92 S.E. 700, 703 (1917), the North Carolina Supreme Court said:

“Our statute provides that when an action is brought for the recovery of a debt contracted by fraud, and the jury find the fact of fraud, the plaintiff as creditor, may take judgment for his debt against the defendant, as his debtor, and execution shall then issue against the latter’s property. If it is returned “Nulla bona” (no goods or chattels,…