Anderson ex rel. Yancy v. Young
Supreme Court of North Carolina
Debt upon a former judgment, rendered by a Justice of the Peace — Pleas—general issue — former judgment. Upon the trial, before Ellis, Judge, at Yancy, on the last Spring Circuit, the case was as follows : — The plaintiff had obtained a judgment for the amount - of his claim against the intestate of the defendants, who, upon the trial before the magistrate, without contesting the claim, made a suggestion of u no assets,” which was entered by the magistrate on the warrant.
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Debt upon a former judgment, rendered by a Justice of the Peace — Pleas—general issue — former judgment. Upon the trial, before Ellis, Judge, at Yancy, on the last Spring Circuit, the case was as follows : — The plaintiff had obtained a judgment for the amount - of his claim against the intestate of the defendants, who, upon the trial before the magistrate, without contesting the claim, made a suggestion of u no assets,” which was entered by the magistrate on the warrant. The magistrate did not return the papers to the County Court; and the present action was commenced by warrant upon said…
1Opinion of the CourtNash, C. J.
We concur with his Honor in his opinion, the plaintiff is not entitled to a verdict. By the Act of 1836, ch. 56, sec. 25, it is provided that where an executor or administrator shall be warranted, and shall be desirous to avail himself of a want of assets, he may suggest it to the magistrate, who shall endorse it on the warrant, and return the papers to the next term of the County Court, with the judgment, which he is authorised to give. In this case the suggestion was made and endorsed, and a judgment for the amount due by the intestate, given. The magistrate neglected to return the papers…
2Cited by5 opinions
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