Womble v. . Little
Supreme Court of North Carolina
This was a ^MOTION in the cause heard before his Honor Judge Watts, at Fall Term, 1875, of the Superior Court of Wake county." The motion was “ to reform the judgment entered, and for an order to issue to the Sheriff of Wake county to suspend the sale of property, upon which he had levied, until the motion was heard.”
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This was a ^MOTION in the cause heard before his Honor Judge Watts, at Fall Term, 1875, of the Superior Court of Wake county." The motion was “ to reform the judgment entered, and for an order to issue to the Sheriff of Wake county to suspend the sale of property, upon which he had levied, until the motion was heard.” His Honor granted an order to the Sheriff to suspend the sale from day to day until the hearing, when the following facts were found: 1. That the defendant, George Little, made to the plaintiff his promissory note on the 10th day of April, 1874, for the principal sum of two…
1Opinion of the CourtSettle, J.
The defendant’s appeal rests upon the'idea that there is a variance between the judgment rendered by the magistrate and the one docketed in the office of the Superior Court Clerk, when, in fact, though expressed in words somewhat different, they mean precisely the same thing. The defendant contends that the Justice’s judgment implies interest at six per cent. only. But of course his judgment, giving “interest from 10th day of April, 1874,” upon a note which, specified on its face that it should bear interest, at eight per •cent. pur annum, could mean nothing else than interest at eight per…
2Cited by2 opinions
- Wadesboro Cotton Mills Co. v. BurnsSupreme Court of North Carolina · 1894
- Isadore D. Blumenthal v. Leon Reiner and Wife, Bertha Reiner, (Two Cases). Leon Reiner and Wife, Bertha Reiner v. Isadore D. BlumenthalCourt of Appeals for the Fourth Circuit · 1957