McIlhenny v. Wilmington Savings & Trust Co.
Supreme Court of North Carolina
Civil actioN, tried before Graves, J, at April Term, 1890, of New HaNOVER Superior Court. It appears that the intestate of the .plaintiff in his lifetime obtained a judgment in the count}'- of New Hanover in the Court of a Justice of the Peace against Calhoun C. Walker, the insane ward of the defendant, on the 30th of March, 1878, for $140.60, and on the same day docketed it in the office of the Superior Court Clerk in that county; that thereafter the said Walker was duly…
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Civil actioN, tried before Graves, J, at April Term, 1890, of New HaNOVER Superior Court. It appears that the intestate of the .plaintiff in his lifetime obtained a judgment in the count}'- of New Hanover in the Court of a Justice of the Peace against Calhoun C. Walker, the insane ward of the defendant, on the 30th of March, 1878, for $140.60, and on the same day docketed it in the office of the Superior Court Clerk in that county; that thereafter the said Walker was duly ascertained tobe insane and committed to the insane Asylum, and has ever since, there remained; that thereafter, and after…
1Opinion of the Court
MerkimoN, C. J.:
The judgment which the plaintiff seeks by this action to have satisfied out of the property of the defendant therein (now insane) was rendered by a Justice of the Peace, and honce'was barred by the statute (The Corle, § 153, Par. 1), after the lapse of seven years next after its date. As, however, this judgment was docketed in the office of the Clerk of the Superior Court, the plaintiff had the right (but for the lunacy of the defendant therein) to enforce the same by execution and to obta.n execution for that purpose from time to time as occasion might require, just as if it…
2Cases cited7 opinions
- Lytle v. . LytleSupreme Court of North Carolina · 1886
- Adams v. . GuySupreme Court of North Carolina · 1890
- Broyles Ex Rel. Gibbs v. YoungSupreme Court of North Carolina · 1879
- Adams v. . ThomasSupreme Court of North Carolina · 1879
- Blake v. . RespassSupreme Court of North Carolina · 1877
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3Cited by6 opinions
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- Essex Investment Co. v. PickelsimerSupreme Court of North Carolina · 1936
- Mathis v. Camp Manufacturing Co.Supreme Court of North Carolina · 1933
- Blades v. Southern Railway Co.Supreme Court of North Carolina · 1940
- Read v. . TurnerSupreme Court of North Carolina · 1931
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