Legal Opinion · Dissent

Harvey v. Johnson

Supreme Court of North Carolina

Decided November 10, 1903Published

ActioN by Harvey, Blair & Company against J. A. Johnson, beard by Judge George II. Brown> at February Term, 1902, of the Superior Court of Warren County. From a judgment for the defendants the plaintiff appealed.

1DissentClabe, C. J.

I concur with the opinion that the bond sued on is a valid indebtedness against the feme defendant, and that the fact that her personal property may not exceed $500 cannot be set up as a defense, because the judgment against her will he enforced by an execution just as a judgment against any one else, and the personal property exemption must be claimed by her against the execution and not as a defense to the action. A manned woman’s contract no more creates a lien on her property, unless it includes a mortgage or a conveyance, than does a contract by any one else. Bates v. Sultan, 117 N. C.,…

2Cases cited11 opinions

  1. Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
  2. State v. . OliverSupreme Court of North Carolina · 1874
  3. Neville v. . PopeSupreme Court of North Carolina · 1886
  4. Hanover National Bank v. HowellSupreme Court of North Carolina · 1896
  5. Strother v. Aberdeen & Ashboro RailroadSupreme Court of North Carolina · 1898

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