Whitehurst v. . Hyman
Supreme Court of North Carolina
Civil Actios tried at Spring Term, 1879, of Martis Superior Court, before Eure, J. The plaintiff and sundry other creditors respectively obtained judgments before a justice of the peace, in the county of Martin, against T. J. Harrell.
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Civil Actios tried at Spring Term, 1879, of Martis Superior Court, before Eure, J. The plaintiff and sundry other creditors respectively obtained judgments before a justice of the peace, in the county of Martin, against T. J. Harrell. These judgments were docketed in the superior court and executions issued thereon and returned by the sheriff’ unsatisfied; and proceedings supplementary to the execution were commenced by the plaintiff against said Harrell, who had been examined in these proceedings on the 14th of April, 1873, and his further examination postponed for thirty days. The defendant…
1Opinion of the CourtMkkrimox, J.
The material part of the statute relied upon by the defendant provides that, “No action shall be brought whereby to charge * * * auy defendant upon a special promise to answer the debt, defavlt, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing and signed by the party charged therewith, or some other person thereunto by him lawfully authorized.” The Code, §1552.
It is settled by many judicial decisions in construing this statute, and others substantially like it, that where there is some new…
2Cases cited4 opinions
- Threadgill v. . McLendonSupreme Court of North Carolina · 1877
- Mason v. . WilsonSupreme Court of North Carolina · 1881
- Little v. . McCarterSupreme Court of North Carolina · 1883
- Fears v. StoryMassachusetts Supreme Judicial Court · 1881
3Cited by22 opinions
- Peele v. PowellSupreme Court of North Carolina · 1911
- Peele v. . PowellSupreme Court of North Carolina · 1911
- State v. . StubbsSupreme Court of North Carolina · 1891
- Balentine v. . GillSupreme Court of North Carolina · 1940
- Sheppard v. Newton.Supreme Court of North Carolina · 1905
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