Williams v. . Sharpe
Supreme Court of North Carolina
MotioN, to amend an execution, heard before Garmon, J.,at the Fall Term, 1873, of Davie Superior Court. All the facts pertinent to the point decided are stated in the opinion of the Court. His Honor being of opinion that he had no power to make the amendment moved for, refused the motion, whereupon the plaintiffs appealed.
1Opinion of the CourtBynum, J.
This was a motion made in the Court below, on notice to the defendant, that the sheriff be allowed to amend his return on two executions in favor of the plaintiff and against one W. B. March. The executions were returnable to Spring Term, 1869, when and where the sheriff made the following return, viz : “ The property sold, terms not complied with.” Another execution against the same defendant was issued in favor of one McKee, returnable to Fall Term, 1869, under which the defendant became the purchaser, and took the sheriff’s deed, before this motion was made or notiee given. At the time of…
2Cited by6 opinions
- Perry v. . AdamsSupreme Court of North Carolina · 1880
- Williams v. . WeaverSupreme Court of North Carolina · 1888
- Moore v. DavisMichigan Supreme Court · 1885
- Ex parte WorleyDistrict Court, W.D. North Carolina · 1884
- Bank v. . WilliamsonSupreme Court of North Carolina · 1841
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