Peebles v. . Pate
Supreme Court of North Carolina
EjectmbNT tried at Spring Term, 1883, of Northampton Superior Court, before Philips,• J. On the trial the plaintiff, in support of his title, introduced a judgment rendered and docketed in said county on the 10th of February, 1869, in favor of Mary E. Phillips as guardian of the children of John D. Phillips and against John W. Pate and others for one hundred end fifteen dollars, with compound interest on the same from January 1st, 1881, till paid, and for costs.
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EjectmbNT tried at Spring Term, 1883, of Northampton Superior Court, before Philips,• J. On the trial the plaintiff, in support of his title, introduced a judgment rendered and docketed in said county on the 10th of February, 1869, in favor of Mary E. Phillips as guardian of the children of John D. Phillips and against John W. Pate and others for one hundred end fifteen dollars, with compound interest on the same from January 1st, 1881, till paid, and for costs. The said judgment was upon a bond executed in 1860; also an execution on said judgment issued the 8th day of June, 1874, returnable…
1Opinion of the CourtAshe, J.
The exception taken by the plaintiff to the ruling of His Honor in admitting the endorsements on the executions as evidence on the part of the defendant is untenable. The executions were unquestionably competent evidence, and “a ■return when made is a matter of record, and is admissible in'all cases where the execution is. The rule allowing the return of officers to be read in evidence is based upon their responsibility for the truth or falsity of such returns, and is sufficient evidence of all the proceedings under the writ.” Herman on Executions, §214.
The exception to the ruling of His…
2Cases cited6 opinions
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Wade v. SandersSupreme Court of North Carolina · 1874
- Vestal v. . SloanSupreme Court of North Carolina · 1877
- Moore v. . ByersSupreme Court of North Carolina · 1871
- Leach v. . JonesSupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Truelove v. ParkerSupreme Court of North Carolina · 1926
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Truelove v. . ParkerSupreme Court of North Carolina · 1926
- Meacham v. . Larus Brothers Co.Supreme Court of North Carolina · 1937
- Kayler v. GallimoreSupreme Court of North Carolina · 1967
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