Aaron Claflin & Co. v. Underwood
Supreme Court of North Carolina
Petition for a Habeas Corpus, heard by his Honor Judge Buxton, at Chambers, in the County of Cumberland, on the 13th day of August, 1875. This case was originally brought to the Superior Court of Cumberland, to recover the amount of a promissory note, for which judgment was rendered at January Term, 1875, for the sum of $423.80, with interest on $382 54 from the 25th day of January, 1875. There had been an order of arrest in the case, granted by the clerk on the 15th…
Read the full summary
Petition for a Habeas Corpus, heard by his Honor Judge Buxton, at Chambers, in the County of Cumberland, on the 13th day of August, 1875. This case was originally brought to the Superior Court of Cumberland, to recover the amount of a promissory note, for which judgment was rendered at January Term, 1875, for the sum of $423.80, with interest on $382 54 from the 25th day of January, 1875. There had been an order of arrest in the case, granted by the clerk on the 15th November, 1873, upon the ground of fraudulent concealment, suggested by the affidavit of the plaintiff based upon information…
1Opinion of the CourtPearson, C. J.
The question as to the right of a party in a writ of habeas cmpus to appeal to this Court, or whether he be not put to a writ of certiorari, is expressly waived in this case, as is the question of the right of the plaintiff in cexcution to appeal or have a writ of certiorari when the debtor is discharged under habeas corpus.
We have the naked point: A defendant in an action for a debt is arrested and held to bail upon an affidavit charging fraud in concealment of property; the allegation of fraud is denied by the answer, and wrhen judgment is entered it is in these words: “By consent,judgment…
2Cited by8 opinions
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- McKinney Ex Rel. McKinney v. PattersonSupreme Court of North Carolina · 1917
- Stewart v. . BryanSupreme Court of North Carolina · 1897
- Wingo v. . HooperSupreme Court of North Carolina · 1887
- Patton v. . GashSupreme Court of North Carolina · 1888
3 more not listed; retrieve them via the Exa API.