Morton v. . Barber
Supreme Court of North Carolina
MOTION for leave to issue execution, heard at Fall Term, 1883, of Alamance Superior Court, before MaeRae, J. This was an appeal from the order of the clerk granting leave to issue execution upon a judgment rendered by a justice of the peace in favor of the plaintiffs for twenty-two dollars and fifteen cents and costs, on the first day of March, 1869, and docketed in the superior court on the 22d day of May, 1869, upon a transcript from the justice.
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MOTION for leave to issue execution, heard at Fall Term, 1883, of Alamance Superior Court, before MaeRae, J. This was an appeal from the order of the clerk granting leave to issue execution upon a judgment rendered by a justice of the peace in favor of the plaintiffs for twenty-two dollars and fifteen cents and costs, on the first day of March, 1869, and docketed in the superior court on the 22d day of May, 1869, upon a transcript from the justice. On the said 22d day of May, executions issued on the judgment from the superior court, together with other executions from the same court, and…
1Opinion of the CourtAshe, J.
The only exception taken below to the ruling of T-Tis Honor was, “ that the statute of limitations did not run in favor of Joseph Barber after the allotment of his homestead and personal property exemption by the sheriff in 1869, under execution issued upon this judgment in favor of the plaintiffs.”
The decision in McDonald v. Dickson, 85 N. C., 248, is decisive of this case. There, as here, the plaintiffs contended that the case was saved from the bar of the statute by virtue of the act of 1869-70 (Bat. Rev., ch. 55, §26), which declares it to be unlawful to levy and sell under execution the…
2Cases cited1 opinion
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
3Cited by3 opinions
- Bevan v. . EllisSupreme Court of North Carolina · 1897
- Alsop v. . MoseleySupreme Court of North Carolina · 1889
- Bevan v. . EllisSupreme Court of North Carolina · 1897