Hutchison v. . Symons
Supreme Court of North Carolina
Proceedings sujplemcntary to execution, heard before Cloud, J., at Chambers, in June,. 1872, upon appeal from an order oí the Clerk of the Superior Court of Davidson. A judgment was rendered before a Justice of the Peace, in favor of the plaintiff, against the defendant, tor $289.62, in the county of Mecklenburg, on the 2d December, 1870, and docketed in the Superior Court of that county a few days thereafter, and also in the Superior Court of Davidson.
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Proceedings sujplemcntary to execution, heard before Cloud, J., at Chambers, in June,. 1872, upon appeal from an order oí the Clerk of the Superior Court of Davidson. A judgment was rendered before a Justice of the Peace, in favor of the plaintiff, against the defendant, tor $289.62, in the county of Mecklenburg, on the 2d December, 1870, and docketed in the Superior Court of that county a few days thereafter, and also in the Superior Court of Davidson. Execution having been issued, and returned “ unsatisfied,” the plaintiff, on the 15th of December, 1871, made affidavit before the Clerk of…
1Opinion of the CourtPearson, C. J.
We concur with the .ruling in the Court below, not on the ground that the affidavit is insufficient, but on the ground that the supplemental proceedings should have been had in the county of Mecklenburg, where the original judgment Avas rendered.
1, By sections 261, 266, C. C. P., a marked distinction is made between the mode of taking out supplemental proceedings after the execution is returned “ unsatisfied,” and the mode of taking out such proceedings after the execution is issued, but before its return.
In the latter case, such extraordinary proceedings will not bo ordered, unless a…
2Cases cited1 opinion
- Richard Ledbetter v. . J. I. OsborneSupreme Court of North Carolina · 1872
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- Hinsdale v. . SinclairSupreme Court of North Carolina · 1880
- Mayo v. StatonSupreme Court of North Carolina · 1905
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