Seip v. . Wright
Supreme Court of North Carolina
Civil actioh from. Currituck, tried before Whedbee, J., upon a motion for an injunction against proceeding under an execution issued upon a judgment in a former action, entitled Wright v. Seip, which motion was heard in December, 1916. The injunction was granted and the defendant, J. 0. Wright, appealed.
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Civil actioh from. Currituck, tried before Whedbee, J., upon a motion for an injunction against proceeding under an execution issued upon a judgment in a former action, entitled Wright v. Seip, which motion was heard in December, 1916. The injunction was granted and the defendant, J. 0. Wright, appealed. The former judgment directed that J. 0. Wright, plaintiff therein, recover from the Provident Land Company, one of the defendants therein, seventy-five shares of the original issue of $150,000 of its capital stock, of tbe par value of $100 per share, and tbat defendant deliver tbe stock to…
1Opinion of the Court
Waxkee, J".,
after stating tbe case: Tbe defendant contended in this Court, at tbe hearing, tbat tbe certificate of stock tendered by tbe plaintiffs in this suit under the judgment in' tbe other case was not for shares of tbe original issue of $150,000, described in tbe agreement of the parties to the judgment. If this position is open to tbe defendants, in tbe present state of tbe pleadings, proofs, findings, and judgment of tbe court, we would bold against him, in tbe absence of further proof showing tbat it was not a part of tbat issue of stock, for we think tbat tbe proof, as it now…
2Cases cited13 opinions
- Cobb v. Clegg.Supreme Court of North Carolina · 1904
- Heilig and Others v. . Stokes and PenningtonSupreme Court of North Carolina · 1869
- Hyatt v. Dehart.Supreme Court of North Carolina · 1905
- Bynum v. Wicker.Supreme Court of North Carolina · 1906
- Marshall v. Commissioners of Stanly CountySupreme Court of North Carolina · 1883
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3Cited by23 opinions
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- S. B. Parker Co. v. Commercial National BankSupreme Court of North Carolina · 1931
- Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
- Sanders v. Rocky Mount Insurance & Realty Co.Supreme Court of North Carolina · 1922
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