Legal Opinion

Binford v. . Alston

Supreme Court of North Carolina

Decided December 5, 1833PublishedCited by 5 opinions

A scire facias was sued out from the Superior Court of Nash, at the instance of John A. Binford, against Thomas P. Alston, George Cooper, and Henry Arrington, calling on them to shew cause wherefore an execution should notissue upon a judgment theretofore rendered against them in favor of the said Binford, on an appeal bond in said Court. The process not having been served upon Vision, the plain tiff entered a JV'oZ.

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A scire facias was sued out from the Superior Court of Nash, at the instance of John A. Binford, against Thomas P. Alston, George Cooper, and Henry Arrington, calling on them to shew cause wherefore an execution should notissue upon a judgment theretofore rendered against them in favor of the said Binford, on an appeal bond in said Court. The process not having been served upon Vision, the plain tiff entered a JV'oZ. Pros, as to him, and the cause was submitted to the Court upon a case agreed between the plaintiff and the other defendants. .The court Norwood Judge, presiding, gave judgment…

1Opinion of the Court

Gxs'jcox, Judge.

After stating the case as above proceeded. We concur with the judge in the opinion that the facts stated in the case do not constitute a legal defence to the Scire Facias. By the judgment on the appeal bond the sureties became absolutely fixed with the debt. They were no longer bound that Alston should pay the plaintiff, but they became bound, with Alston to pay the amount of the judgment to the plaintiff. Whatever therefore might yet have been the relation between the defendants and Alston, they were equally with him Hie debtors of the plaintiff* and nothing hut satisfaction,…

2Cited by5 opinions

  1. Moore v. . StateSupreme Court of North Carolina · 1931
  2. U Drive It Auto Co. v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1954
  3. State v. . Comrs.Supreme Court of North Carolina · 1816
  4. State v. Justices of Lenoir CountySupreme Court of North Carolina · 1825
  5. State v. TuckerSupreme Court of North Carolina · 2023

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