Millikan v. . Fox
Supreme Court of North Carolina
Appeal from a judgment rendered at Fall Term, 1880, of RANDOLPH Superior Court, by Nitre, J. There were several executions in the hands of the plaintiff sheriff against one Lutterloh, the defendant in the executions.
Read the full summary
Appeal from a judgment rendered at Fall Term, 1880, of RANDOLPH Superior Court, by Nitre, J. There were several executions in the hands of the plaintiff sheriff against one Lutterloh, the defendant in the executions. They were levied upon the lands of said Uutter-loh, and at the fall term, 1880, of the superior court of Randolph county, the sheriff proceeded to sell the land so levied upon, and it was bid off by Pox, the defendant, (who claimed to have control over two of the executions, as trustee of the judgments,) for a sum less than the amount of his judgments. Fox refused to pay the…
1Opinion of the CourtAshe, J.
We refrain from expressing any opinion upon the question presented by the record, because it is a case of such an anomalous character that we cannot entertain it as before us on this appeal.
In no view of the case can this court take cognizance thereof; not as an interpleader, for the right of interpleader, given by section 65 of the Code of Civil Procedure, applies only to an action properly constituted in court, and not to rules or motions as to funds in the hands of a sheriff (Bates v. Lilly, 65 N. C., 232); nor as a controversy submitted without action, because this submission is not…
2Cases cited3 opinions
- Bates v. . LillySupreme Court of North Carolina · 1871
- Motz v. . StoweSupreme Court of North Carolina · 1880
- Williams v. . GreenSupreme Court of North Carolina · 1879
3Cited by7 opinions
- Board of Health v. Board of CommissionersSupreme Court of North Carolina · 1941
- Burton v. Durham Realty & InsuranceSupreme Court of North Carolina · 1924
- Waters v. . BoydSupreme Court of North Carolina · 1920
- Fox v. . KlineSupreme Court of North Carolina · 1881
- Kistler v. Southern Railway Co.Supreme Court of North Carolina · 1913
2 more not listed; retrieve them via the Exa API.