Hill v. . Smathers
Supreme Court of North Carolina
Civil actioN, tried before Adams, J., at Spring Term, 1917, of Cherokee. This is a motion for leave to issue execution on a judgment rendered in tbis action as follows: Tbis cause coming on to be tried before bis Honor, B. E. Long, and a jury, upon tbe issues which, witb responses, are as follows: 1. Are tbe defendants indebted to tbe receiver, and if so, in wbat amount? Answer: “Yes, $13,420.50, witb interest from 3 April, 1916, on tbe principal, to wit, $12,000.” 2. Did…
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Civil actioN, tried before Adams, J., at Spring Term, 1917, of Cherokee. This is a motion for leave to issue execution on a judgment rendered in tbis action as follows: Tbis cause coming on to be tried before bis Honor, B. E. Long, and a jury, upon tbe issues which, witb responses, are as follows: 1. Are tbe defendants indebted to tbe receiver, and if so, in wbat amount? Answer: “Yes, $13,420.50, witb interest from 3 April, 1916, on tbe principal, to wit, $12,000.” 2. Did said defendants sign tbe notes sued on pursuant to tbe resolution of 4 December, 1911, and witb tbe representation by…
1Opinion of the CourtAlleN, J.
The judgment of Judge Long, properly analyzed, contains these provisions:
1. Judgment absolute against the defendants for the sum of $13,420.50, with interest from 3 April, 1916, on $12,000.
2. Suspension of execution until the plaintiff should make it appear to the court either—(1) That the defendants, or some of them, are endeavoring to- make way with their property; or(2) That C. B. Hill, receiver of the Commercial and Savings Bank, has proceeded with the collection of the assets of such bank, and that the same are not sufficient to discharge the obligations of said bank due to creditors and…
2Cited by6 opinions
- Hood Ex Rel. United Bank & Trust Co. v. Richardson Realty, Inc.Supreme Court of North Carolina · 1937
- Hood, Comr. of Banks v. . MartinSupreme Court of North Carolina · 1932
- Hood Ex Rel. North Carolina Bank & Trust Co. v. North Carolina Bank & Trust Co.Supreme Court of North Carolina · 1936
- Hood v. MartinSupreme Court of North Carolina · 1932
- Hood Ex Rel. North Carolina Bank & Trust Co. v. North Carolina Bank & Trust Co.Supreme Court of North Carolina · 1936
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