Walton v. . Sugg
Supreme Court of North Carolina
Debt on a foreign judgment, tried before his Honor, Osborne, •J!, at Spring' Term, 1861, of the Superior Court of Greene. The defendants had brought suit in 1857, in the District Court of Navarro county, Texas; and in the course of such suit a number of slaves had been attached by Walton as sheriff, and had been hold in his possession for several months. At May Term, 1858, judgment was given against the plaintiffs in that cause for “ costs,” which thereupon were taxed.
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Debt on a foreign judgment, tried before his Honor, Osborne, •J!, at Spring' Term, 1861, of the Superior Court of Greene. The defendants had brought suit in 1857, in the District Court of Navarro county, Texas; and in the course of such suit a number of slaves had been attached by Walton as sheriff, and had been hold in his possession for several months. At May Term, 1858, judgment was given against the plaintiffs in that cause for “ costs,” which thereupon were taxed. At September Term Walton filed a motion in writing, asking for a retaxation, in order that his costs for holding the slaves…
1Opinion of the CourtReade, J.
It is a fundamental principle, that a party must have notice of any proceeding against him before lie can be bound thereby. The defendants say they had no notice of the proceedings against them, and that therefore they are not bound.
The facts are, that the defendants instituted a suit in Texas, and failed therein, and judgment was given against them for the costs. The plaintiff was sheriff in Texas, and the present claim is for his fees as sheriff in the Texas suit, and was a part of tire costs in the cause. The sheriff’s fees were not taxed by the clerk in the bill of costs, as at first made…
2Cases cited1 opinion
- United States v. CurrySupreme Court of the United States · 1848
3Cited by11 opinions
- Arrington v. Arrington.Supreme Court of North Carolina · 1900
- Kellogg v. WinchellDistrict Court, District of Columbia · 1921
- Henderson v. HendersonSupreme Court of North Carolina · 1950
- Ladd v. TeagueSupreme Court of North Carolina · 1900
- Newkirk v. StevensSupreme Court of North Carolina · 1910
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