Richard Ledbetter v. . J. I. Osborne
Supreme Court of North Carolina
This was an application based upon a petition, to set aside ad-judgment, heard before Cannon, Judge, at Fall Term 1871, of Henderson Superior Court. The facts stated in the case sent to this Court seem to be as-follows : The plaintiff Ledbetter was indebted to one Noah-Henry as administrator, as surety for one William Henry. He-was sued by said administrator before a justice of the peace.
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This was an application based upon a petition, to set aside ad-judgment, heard before Cannon, Judge, at Fall Term 1871, of Henderson Superior Court. The facts stated in the case sent to this Court seem to be as-follows : The plaintiff Ledbetter was indebted to one Noah-Henry as administrator, as surety for one William Henry. He-was sued by said administrator before a justice of the peace. The trial was postponed for a few days, shortly after the suit was brought, the note was transferred to J. I. Osborne. The warrant was amended, and suit carried on in Osborne’s name, judgment was obtained…
1Opinion of the CourtDiCK, J.
A judgment in a Justice’s Court does not create a lien upon the property of the defendant. To have this effect a transcript of the judgment must be filed, and docketed in the office of the Superior-Court clerk of the county, where the judgment rendered. C. C. P., see. 503.
This proceeding places the judgment on the judgment docket of the Superior Court to create a lien and for the purposes of execution, and in this respect only is it a judgment of the Superior Court. The record of proceedings and the original papers in the cause remain in the Court of the Justice, and the case can only be…
2Cited by8 opinions
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Hutchison v. . SymonsSupreme Court of North Carolina · 1872
- Reeves v. . DavisSupreme Court of North Carolina · 1879
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
- Cannon v. . ParkerSupreme Court of North Carolina · 1879
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