Huntley v. Hasty.
Supreme Court of North Carolina
Action by Charles Huntley against J. W. Hasty, heard by Judge Walter H. Neal and a jury, at October Term, 1902, of the Superior Court of Union County. From an order reversing the refusal of the clerk to grant an execution against the person, the defendant appealed.
1Opinion of the CourtMontgomery, J.
This action was brought to recover damages against the defendant for an alleged assault and battery with a deadly weapon — a pistol or metallic knuckles. The details of the battery are set forth in the complaint. There was a verdict for the plaintiff and a judgment thereon was duly entered. An execution in the ordinary form was issued against the property of the defendant, the homestead exemption laid off by the sheriff and no excess found liable to execution. Upon the return of the execution unsatisfied, the plaintiff applied to' the clerk for an execution against the person of the defendant…
2Cases cited3 opinions
- State Ex Rel. Peebles v. FooteSupreme Court of North Carolina · 1880
- Carroll v. Montgomery.Supreme Court of North Carolina · 1901
- Kinney v. . LaughenourSupreme Court of North Carolina · 1887
3Cited by2 opinions
- Coble v. . MedleySupreme Court of North Carolina · 1923
- Morley v. MorleyCourt of Appeals of North Carolina · 1991