Bynum v. . Barefoot
Supreme Court of North Carolina
This was a Civil ActioN, heard and determined before his Honor Judge Seymour, at the Fall Term, 1875, of the Superior Court of WilsoN County. The plaintiff sued 'upon a judgment obtained at Fall Term, 1862, of Wilson Superior Court, in the name of T. H. Mallison, to the use of Benjamin Bynum, against A. J. Barefoot. The defendant admitted the rendition of the judgment, but alleged that the same had been paid and satisfied and pleaded no assets.
Read the full summary
This was a Civil ActioN, heard and determined before his Honor Judge Seymour, at the Fall Term, 1875, of the Superior Court of WilsoN County. The plaintiff sued 'upon a judgment obtained at Fall Term, 1862, of Wilson Superior Court, in the name of T. H. Mallison, to the use of Benjamin Bynum, against A. J. Barefoot. The defendant admitted the rendition of the judgment, but alleged that the same had been paid and satisfied and pleaded no assets. Upon the question of payment the case was submitted to the jury. In the course of the trial the defendant offered in evidence the following receipt,…
1Opinion of the CourtPearson, C. J.
When this case was heard at the last term it occurred to us to be so' strange that the Clerk, after issuing an execution, would receive the amount of the judgment in Confederate notes, which the plaintiff, being within the lines of the United States forces, could not get out of his office, and could not use, even if he got them, that we held the case over, and directed a certiorari to send up the execution.
It is in the usual form, issued 12th January, 1863, returnable the tenth Monday after the fourth Monday in September next, and is endorsed ft. fa. to Fall Term, 1863. The sheriff makes no…
2Cases cited1 opinion
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873