Legal Opinion

Abernethy Land & Finance Co. v. First Security Trust Co.

Supreme Court of North Carolina

Decided April 13, 1938PublishedCited by 23 opinions

1Opinion of the CourtRarnhill, J.

An action in court is not ended by tbe rendition of a judgment, but in certain respects it is still pending until the judgment is satisfied. It is open to motion for execution, for tbe recall of an exe cution, to determine proper credits and for other motions affecting the existence of the judgment or the amount due thereon. Mason v. Miles, 63 N. C., 564; Faison v. McIlwaine, 72 N. C., 312; Mann v. Blount, 65 N. C., 99; McIntosh, Prac, and Proc., sec. 991.

The court from which the execution issued may, for sufficient cause shown, recall or set aside an execution or a sale made thereunder and…

2Cases cited9 opinions

  1. Jarman v. . SaundersSupreme Court of North Carolina · 1870
  2. Mason and Another v. . MilesSupreme Court of North Carolina · 1869
  3. Craddock v. . BrinkleySupreme Court of North Carolina · 1919
  4. Parker v. . BledsoeSupreme Court of North Carolina · 1882
  5. Henderson v. . MooreSupreme Court of North Carolina · 1899

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Leary v. N.C. Forest Products, Inc.Court of Appeals of North Carolina · 2003
  2. Walters v. WaltersSupreme Court of North Carolina · 1983
  3. Cameron v. . McDonaldSupreme Court of North Carolina · 1940
  4. Henderson County v. OsteenSupreme Court of North Carolina · 1977
  5. In Re the Will of CoxSupreme Court of North Carolina · 1961

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API