Sanderson v. . Daily
Supreme Court of North Carolina
MotioN to issue execution under C. C. P., § 256, heard, on appeal from an order of the Clerk, at Spring Term, 1880, of Pasquotank Superior Court, before Graves, J. The judge reversed the order of the clerk, and held that plaintiffs are not entitled to have execution issued upon the judgments, and the plaintiffs appeal.
1Opinion of the CourtSmith, C. J.
The plaintiffs’ testator, George W. Charles, in January, 1868, before a justice ' of the peace, recovered three several judgments against the defendant and another, on which writs of fieri facias issued and were levied on his land. At spring term, 1869, the judgments were transferred and docketed in the superior court of Pasquotank. On April 12,1871, executions were issued, whether they were writs of fieri facias or venditioni exponas does not appear, and we must assume to have been the former, but no action seems to have been had under them.
On December 25,1867, the defendant filed his…
2Cases cited4 opinions
- Wilson v. . LinebergerSupreme Court of North Carolina · 1880
- Bell v. . CunninghamSupreme Court of North Carolina · 1879
- Dawson v. . HartsfieldSupreme Court of North Carolina · 1878
- Paschall v. . BullockSupreme Court of North Carolina · 1879
3Cited by18 opinions
- Roulhac v. . BrownSupreme Court of North Carolina · 1882
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Moore v. HornerIndiana Supreme Court · 1896
- Pasour v. . LinebergerSupreme Court of North Carolina · 1884
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1935
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