Legal Opinion

BROGDEN PRODUCE COMPANY v. Stanley

Supreme Court of North Carolina

Decided June 16, 1966No. 541PublishedCited by 4 opinions

1Opinion of the CourtSharp, J.

The law requires that executions “shall be returnable to the court from which they were issued not more than 90 days from the date of issue.” G.S. 1-310. The term return implies that the process is taken back, with such endorsements as the law requires, to the place from which it originated. Watson v. Mitchell, 108 N.C. 364, 12 S.E. 836. The execution with which we are concerned was issued on August 5, 1965, and it was made returnable within 60 days, that is, on or before October 4, 1965. Sheriff Oliver stipulates that he did not return the execution “until sometime after the 4th day of…

2Cases cited15 opinions

  1. Cratch v. TaylorSupreme Court of North Carolina · 1962
  2. Richardson v. . WickerSupreme Court of North Carolina · 1879
  3. Massengill v. . LeeSupreme Court of North Carolina · 1947
  4. Swain v. . PhelpsSupreme Court of North Carolina · 1899
  5. Yeargin v. . WoodSupreme Court of North Carolina · 1881

10 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Williams v. WilliamsCourt of Appeals of North Carolina · 1994
  2. Rollins v. GibsonSupreme Court of North Carolina · 1977
  3. Pritchett v. ThompsonCourt of Appeals of North Carolina · 1976
  4. Red House Furniture Co. v. SmithCourt of Appeals of North Carolina · 1983

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