Daniel v. . Laughlin
Supreme Court of North Carolina
'Special Pkoceeding tried at Spring Term, 1882, of Randolph Superior Court, before Graves, J. On the 29th of December, 1879, certain creditors of the estate of Mumford S. Harris, deceased, commenced a special proceeding in the nature of a creditor’s bill against the defendant Loflin, as his administrator, in the probate court of Randolph county.
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'Special Pkoceeding tried at Spring Term, 1882, of Randolph Superior Court, before Graves, J. On the 29th of December, 1879, certain creditors of the estate of Mumford S. Harris, deceased, commenced a special proceeding in the nature of a creditor’s bill against the defendant Loflin, as his administrator, in the probate court of Randolph county. Due advertisement was made for creditors to file their ■claims, and amongst others, J. W. Gidney, as administrator of Jason C. Harris, produced the record of two judgments docketed in the superior court'of said county, and asked to be made a party to…
1Opinion of the CourtRuffin, J.
We do not understand counsel, who argued the plaintiffs’exceptions in this court, to insist very earnestly upon them. Nor can we ourselves perceive any error in the ruling of the court below. The statute fixes the limitation to actions upon judgments rendered by justices of the peace, at seven years, in language so plain and positive that it leaves nothing open for construction ; and notwithstanding the fact that the judgments declared on in this case had been docketed, they continued to be the judgments of the justice for every purpose and intent, save those of lien and execution, and as…
2Cases cited1 opinion
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
3Cited by7 opinions
- Matthews v. . PetersonSupreme Court of North Carolina · 1909
- Springs v. Pharr.Supreme Court of North Carolina · 1902
- Williams v. JohnsonSupreme Court of North Carolina · 1949
- Fisher v. . BallardSupreme Court of North Carolina · 1913
- Heyer v. Rivenbark.Supreme Court of North Carolina · 1901
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