Legal Opinion

Hill v. . Kessler

Supreme Court of North Carolina

Decided June 5, 1869PublishedCited by 26 opinions

■ Rule upon plaintiff, heard by Cloud, J., at Spring Term 1869 of the Superior Court of Rowan. The plaintiff had sued the defendant to Fall Term 1867 of that Court, and for the prosecution of his suit had given bond, on the 3d day of August 1866, with one Hodge as surety.

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■ Rule upon plaintiff, heard by Cloud, J., at Spring Term 1869 of the Superior Court of Rowan. The plaintiff had sued the defendant to Fall Term 1867 of that Court, and for the prosecution of his suit had given bond, on the 3d day of August 1866, with one Hodge as surety. At Spring Term 1869 this rule was obtained, to show cause why -other and better security should not be given, upon an affidavit that Hodge, since the preceding Term had had his homestead and personal property exemption laid off in pursuance of Art. 10, of the State Constitution, “and now has no property either personal or…

1Opinion of the Court

PEARSON, C. J. dissenting.

(Dean v. King, 13 Ire. 20; and Jacobs v. Smallwood, ante 112; cited and approved.) The plaintiff had sued the defendant to Fall Term, 1867 of that Court, and for the prosecution of his suit had given bond on the 3d day of August 1866, with one Hodge as surety. At Spring Term 1869 this rule was obtained, to show cause why other and better security should not be given, upon an affidavit that Hodge, since the preceding Term had had his homestead and personal property exemption laid off in pursuance of Art. 10, of the State Constitution, "and now has no property either…

2Cases cited6 opinions

  1. Bronson v. KinzieSupreme Court of the United States · 1843
  2. McCracken v. HaywardSupreme Court of the United States · 1844
  3. Planters' Bank v. SharpSupreme Court of the United States · 1848
  4. Mason v. HaileSupreme Court of the United States · 1827
  5. Stephenson v. OsborneMississippi Supreme Court · 1866

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. McKeithan v. . TerrySupreme Court of North Carolina · 1870
  2. Poe v. . HardieSupreme Court of North Carolina · 1871
  3. Lowdermilk v. . CorpeningSupreme Court of North Carolina · 1885
  4. Allen v. . Shields, Adm'r. .Supreme Court of North Carolina · 1875
  5. Bank v. . Bryson CitySupreme Court of North Carolina · 1938

21 more not listed; retrieve them via the Exa API.

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