Long v. Fitzgerald
Supreme Court of North Carolina
Civil action, tried before Avery, Judge, at Fall Term, 1886,. of Haywood Superior Court. With the issue of the summons on July 1st, 1883, the plaintiff sued out a warrant of attachment against the defendant, a non-resident debtor, which was levied upon two stocks of goods, one at Waynesville and one at Pigeon River,, as his property.
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Civil action, tried before Avery, Judge, at Fall Term, 1886,. of Haywood Superior Court. With the issue of the summons on July 1st, 1883, the plaintiff sued out a warrant of attachment against the defendant, a non-resident debtor, which was levied upon two stocks of goods, one at Waynesville and one at Pigeon River,, as his property. The defendant disclaimed any interest in the last mentioned goods, and upon his own, and a series of affidavits of others, for matters therein set out, moved to vacate the order of attachment, which being heard a-t Chambers, was modified by reducing the…
1Opinion of the Court
Sjuth, C. J.,
(after stating the facts). As is said in the ■opinion in Metcalf v. Guthrie, 94 N. C., 447, unless the refer*45ence was under an order made in the cause, the award could not, without the acquiescence of parties, in its various parts, become the judgment of the Court, except as disposing of the action and barring its future prosecution. But there is no reason why, by consent, this may not be done, and thus the whole controversy determined.
This result is accomplished by entering up judgment for the sum awarded the plaintiff, with costs, except those mentioned, against the plaintiff.
We…
2Cases cited1 opinion
- Metcalf v. . GuthrieSupreme Court of North Carolina · 1886
3Cited by6 opinions
- Boomer Coal & Coke Co. v. OsentonWest Virginia Supreme Court · 1926
- McCall v. McCallSupreme Court of South Carolina · 1892
- Reizenstein v. . HahnSupreme Court of North Carolina · 1890
- Kelly v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
- Kelly v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1892
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