Vick v. . Pope
Supreme Court of North Carolina
Motion in the Cause to vacate a Judgment beard at Spring Term, 1878, of New Hanover Superior Court, before Eure, J. This motion was made by the feme defendant to set aside a judgment obtained by the plaintiffs against tbe defendants upon the ground that the note on which the judgment was taken was executed by her jointly with her husband, and that the consideration thereof was not in any way’for her separate use or benefit, and contained no charge upon her separate estate;…
Read the full summary
Motion in the Cause to vacate a Judgment beard at Spring Term, 1878, of New Hanover Superior Court, before Eure, J. This motion was made by the feme defendant to set aside a judgment obtained by the plaintiffs against tbe defendants upon the ground that the note on which the judgment was taken was executed by her jointly with her husband, and that the consideration thereof was not in any way’for her separate use or benefit, and contained no charge upon her separate estate; that execution has been issued and is now in the hands of the sheriff who threatens to levy upon the separate estate of…
1Opinion of the CourtSmith, C. J.
On the 6th day of April, 1875, the plaintiffs sued out a summons against .the defendants returnable to spring term, wherein is demanded the sum of $1,456, with interest from March 30th, 1874, which was duly served on both and returned.
The cause was thereupon docketed, and the defendants’ attorney entered an appearance for them. No complaint or other pleading was filed, but instead thereof, the promissory note of the defendants for the same principal money and with like interest as described in the summons.
The cause was continued till fall term following, when, on motion in open court,…
2Cases cited2 opinions
- Leach v. Western North Carolina Rail RoadSupreme Court of North Carolina · 1871
- Monroe v. . WhittedSupreme Court of North Carolina · 1878
3Cited by40 opinions
- Williamson v. . HartmanSupreme Court of North Carolina · 1885
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
- Robeson v. . HodgesSupreme Court of North Carolina · 1890
- Craddock v. . BrinkleySupreme Court of North Carolina · 1919
35 more not listed; retrieve them via the Exa API.