Whitehurst, Trustee v. . Green, Ex'r.
Supreme Court of North Carolina
This was a motion for a perpetual injunction against the issuing of an execution on a judgment at law, heard upon affidavits by his Honor, Watts, J., at the last Superior Court of Craven county. The judgment had been obtained in a suit commenced before the adoption of the C. C. P., upon a bond given by the defendant’s testator to one Adolphus Cohen, and by him assigned to the plaintiff.
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This was a motion for a perpetual injunction against the issuing of an execution on a judgment at law, heard upon affidavits by his Honor, Watts, J., at the last Superior Court of Craven county. The judgment had been obtained in a suit commenced before the adoption of the C. C. P., upon a bond given by the defendant’s testator to one Adolphus Cohen, and by him assigned to the plaintiff. On the trial of that suit the defendant’s counsel contended that the bond was given for the purchase of a lot of land which the plaintiff’s assignor had contracted to sell to the defendant’s testator, and to…
1Opinion of the CourtPearson, C. J.
This ease presents errors, irregularities and informalities such as we had not supposed could occur in January, 1873 — after the profession were presumed to have become somewhat familiar with the workings of the C. C. P.
The action was commenced before the adoption of the, C. C. P., and as an. existing suit was to be conducted up to final judgment according to the old mode of procedure, consequently his Honor erred in holding “ that any equitable 'defense was admissible to defeat the action on the note.” But this error is corrected by the verdict in favor of the plaintiff for the amount of the…
2Cited by4 opinions
- Bristol v. HallyburtonSupreme Court of North Carolina · 1885
- Faison v. . McIlwaine .Supreme Court of North Carolina · 1875
- Bristol v. . HallyburtonSupreme Court of North Carolina · 1885
- State ex rel. Lofthus v. LangerNorth Dakota Supreme Court · 1920