Whitley v. . Black
Supreme Court of North Carolina
From Wayne. The Plaintiff had obtained a judgment against the Defendants Black and McKinnie, iu the County Court of Wayne, at its session in August, 1821, whereupon a writ oi'ji.fa. issued, returnable in November, 1821. On this writ, the Plaintiff directed that no proceedings should be had. and by his direction a writ of ca. su. was issued, returnable in February, 1822. On the .191 Si of December, 1821, the Defendants executed to the PhJniiffabond, pursuant to the provisions…
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From Wayne. The Plaintiff had obtained a judgment against the Defendants Black and McKinnie, iu the County Court of Wayne, at its session in August, 1821, whereupon a writ oi'ji.fa. issued, returnable in November, 1821. On this writ, the Plaintiff directed that no proceedings should be had. and by his direction a writ of ca. su. was issued, returnable in February, 1822. On the .191 Si of December, 1821, the Defendants executed to the PhJniiffabond, pursuant to the provisions of the ic act for the relief of honest debtors.” At the sessions of Wayne County Court, held in February, 1822, the…
1Opinion
By the Act of 1821, the act for the relief of honest debtors was repealed, and all power of proceeding under that law ceased. The judgment in the present case was entered up under an impression in the court that the proceedings pending at the time the law was repealed were not affected by that repeal, and judgment was rendered according to the law as they understood it. That act authorized judgments to be rendered up in a summary way upon motion, against persons not brought into court by process. The judgment in the present case was therefore not only a judgment contrary to or in opposition…
2Cases cited3 opinions
- Dobbin v. . GasterSupreme Court of North Carolina · 1843
- Pettijohn v. . BeasleySupreme Court of North Carolina · 1835
- Swaim v. . FentressSupreme Court of North Carolina · 1834