Doe Ex Dem. Burke v. Elliott
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Chowan County at the Spring Term 1844, his Honor Judge Baxley presiding. This was an action of ejectment.
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Appeal from the Superior Court of Law of Chowan County at the Spring Term 1844, his Honor Judge Baxley presiding. This was an action of ejectment. The lessors of the plaintiff shewed two judgments, against the defendant, which had been recovered before a justice of the peace, one for the sum of $75 and the other for the sum of $80, upon which executions issued, dated the 25th April, 1843, which, for the want of personal property, were levied on that day on 'the lands described in the plaintiff’s declaration by the of-fleer who served the warrants. They also proved notices ^ ^eyies given to…
1Opinion of the CourtRuffin, C. J.
We deem it a superfluous enquiry whether the appointment of Hines to the office of Constable was valid or not, because we think the judgments and orders of the County Court, upon which the executions were issued and the land was sold, preclude a collateral enquiry into the regularity of the previous proceedings.
The Act of Assembly, Rev. Stat. c. 45, s. 8, confers the jurisdiction on the County Court, when a justice’s execution is returned, levied on land, to enter a judgment there for the debt recovered and costs, on the application of the plaintiff. There the act, s. 19, provides, that when…
2Cases cited2 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
3Cited by20 opinions
- State v. . LewisSupreme Court of North Carolina · 1890
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- In Re WinglerSupreme Court of North Carolina · 1950
- State v. . DavisSupreme Court of North Carolina · 1891
- Rockingham County v. Luten Bridge Co.Court of Appeals for the Fourth Circuit · 1929
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