Moore v. . Grant
Supreme Court of North Carolina
This was a motion to recall an execution and set aside a judgment, heard before Shepherd, Judge, at Spring Term, 1884, of DupliN Superior Court. His Honor refused the motion, and the defendant appealed. The facts appear in the opinion.
1Opinion of the CourtShith, C. J.
The subject matter of this controversy was before ns, with a reversal of parties, at February Term, 1883, Grant v. Moore, 88 N. C., 77, upon the application of the defendant Grant for an injunction to restrain the plaintiff from enforcing his writ of possession then in the sheriff’s hands. The order for an injunction was refused, upon the ground that the original action was depending, and the remedy, if any, must be sought by a motion in the cause and not in an independent suit. The cause is nqw brought up from a refusal of the judge to set aside the judgment and execution, and restore the…
2Cases cited1 opinion
- Grant v. . MooreSupreme Court of North Carolina · 1883
3Cited by1 opinion
- Herndon v. . Insurance Co.Supreme Court of North Carolina · 1891