Barringer v. . Allison
Supreme Court of North Carolina
Civil ActioN, commenced before a Justice of the Peace, and tried on appeal at Fall Term, 1877, of Ieedell Superior Court, before Cloud, J. The facts are sufficiently stated by The Chibe .Justice in delivering the opinion of this Court.
Read the full summary
Civil ActioN, commenced before a Justice of the Peace, and tried on appeal at Fall Term, 1877, of Ieedell Superior Court, before Cloud, J. The facts are sufficiently stated by The Chibe .Justice in delivering the opinion of this Court. His Honor gave judgment for the plaintiff, and the defendant appealed. relied mainly upon the decision in Humphreys v. Buie, 1 Dev. 378. Stay of execution, Rev. Code oh. 62 § 11; Statute of limitation, Ibid cb. 65. No exceptions to be allowed except those mentioned in the statute. See Angel on Limitations, 601, et seq.
1Opinion of the CourtSmith, C. J.
On the 6th of September, 1860, tiefere a Justice of the Peace of Iredell County, the plaintiff recovered judgment against Thomas Allison and Edwin Fall, and a*t the same time execution was stayed by an entry, at the foot of the judgment, of the words “ stayed by ” which was signed by the defendant and attested by the Justice.
The present action, to enforce the defendant’s liability, was commenced before a Justice in that County on the 26th of November, 1875, no part of the debt having been paid. The defences relied on are the presumption of payment and the statute of limitations.
Since the time…
2Cases cited2 opinions
- Johnson v. . WinslowSupreme Court of North Carolina · 1869
- Plott v. Western North Carolina RailroadSupreme Court of North Carolina · 1871