Curlee v. . Thomas
Supreme Court of North Carolina
This was a motioN to apply a judgment held by the plaintiff against the defendant in satisfaction pro tanto, of a judgment held by the defendant against the plaintiff, heard before JBuxton J., at Spring-Term, 1875, of Union Superior Court.
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This was a motioN to apply a judgment held by the plaintiff against the defendant in satisfaction pro tanto, of a judgment held by the defendant against the plaintiff, heard before JBuxton J., at Spring-Term, 1875, of Union Superior Court. The following are the facts in this case as disclosed by the record: In 1859, the defendant, who was the widow of one John R. Thomas, brought suit against the plaintiff, C. B. Curlee, as administrator of her husband, to enforce the payment of a year’s allowance which had been previously laid off for her by commissioners appointed by the late county comb,…
1Opinion of the CourtByuum, J.
The personal property of any resident of this State, to the value of five hundred dollars, to be selected by such resident, shall be and is hereby exempted from sale under execution or other final process of any court; issued for the collection of any debt.” Const. Art. X, sec. 1.
We cannot go behind the judgments to examine the merits of the consideration upon which they are founded. If the plaintiff had issued an execution against the defendant upon his judgment, it is clear that she would have been entitled to her personal property exemption against it. Her judgment against the plaintiff…
2Cases cited2 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Duvall v. . RollinsSupreme Court of North Carolina · 1874
3Cited by20 opinions
- Puett v. BeardIndiana Supreme Court · 1882
- Hill v. First National BankSupreme Court of Florida · 1920
- Butner v. BowserIndiana Supreme Court · 1885
- Leak v. . GaySupreme Court of North Carolina · 1890
- Albright v. . AlbrightSupreme Court of North Carolina · 1883
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