Allen v. . Strickland
Supreme Court of North Carolina
Civil ACTION, tried before Merrimon, J., at April Term, 1887, of FkankliN Superior Court. Judgment dismissing the action. Defendant appealed. The following is a copy of the material parts of the case stated on appeal: W. B. Allen obtained judgment on November 2d, 1886, before a Justice of the Peace, against Robert Strickland, and procured execution to issue thereon to F. C. Holden, the constable. Strickland claimed his personal property exemption.
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Civil ACTION, tried before Merrimon, J., at April Term, 1887, of FkankliN Superior Court. Judgment dismissing the action. Defendant appealed. The following is a copy of the material parts of the case stated on appeal: W. B. Allen obtained judgment on November 2d, 1886, before a Justice of the Peace, against Robert Strickland, and procured execution to issue thereon to F. C. Holden, the constable. Strickland claimed his personal property exemption. The constable summoned as appraisers and assessors, John Knight, Nathan May and C. C. Jeffreys, who, on the third of November, 1886, appraised and…
1Opinion of the Court
MekRimoN, J.,
(after stating the facts). We think that the appellant failed to give the notice to the appellee and the constable, of his dissatisfaction with the valuation and allotment of the appraisers of his personal property exemption, required by the statute. (The Code, § 519).
Notice in judicial proceedings is important. In many cases, it is the means whereby the jurisdiction of the Court attaches to the party, as in this case, and, generally, it gives vitality and efficiency to important action of the Court, in the course of the action or proceeding. It is not to be treated lightly, and…
2Cited by15 opinions
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- In Re the Appeal of HarrisSupreme Court of North Carolina · 1968
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- McNeill v. Raleigh & Augusta Air Line RailroadSupreme Court of North Carolina · 1895
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