Legal Opinion

Weiller & Co. v. Lawrence

Supreme Court of North Carolina

Decided June 5, 1879PublishedCited by 6 opinions

Proceeding supplementary to the execution under C. C.. P., § 264, heard at Chambers, in Jackson,- Northampton-county, oñ the 11th of April, 1879, before Eure, J. The plaintiffs recovered a judgment against the defendants, S. M. Lawrence and A. B. Daughtry, partners in trade, before a justice of the peace, on the 29th March, 1879, and had it docketed in the superior court.

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Proceeding supplementary to the execution under C. C.. P., § 264, heard at Chambers, in Jackson,- Northampton-county, oñ the 11th of April, 1879, before Eure, J. The plaintiffs recovered a judgment against the defendants, S. M. Lawrence and A. B. Daughtry, partners in trade, before a justice of the peace, on the 29th March, 1879, and had it docketed in the superior court. An execution was issued thereon on the 8th of April, 1879, and upon affidavit of plaintiffs an order for examination was made returnable before the. judge at chambers. The defendants appeared specially and. moved to dismiss…

1Opinion of the CourtDillard, J.

The plaintiffs having judgment duly docketed against defendants as partners in business, issued their execution, and while the same was in the hands of the sheriff, applied to the judge of the district for an order to examine the defendants on proceedings supplementary to execution.

His Honor ordered the examination before himself at chambers, and issued a notice to the defendants on the 8th of April, returnable before him on the lJth, and at the return day, defendants appeared specially on a notice to discharge the order of examination and to dismiss the proceedings, on the grounds which…

2Cases cited6 opinions

  1. A. A. McKEITHAN & SONS vs. JOHN WALKER & W. J. BROWNSupreme Court of North Carolina · 1872
  2. Guion and Wife v. . Melvin .Supreme Court of North Carolina · 1873
  3. Hutchison v. . SymonsSupreme Court of North Carolina · 1872
  4. Clark v. . ClarkSupreme Court of North Carolina · 1870
  5. Brown, Daniel & Co. v. HawkinsSupreme Court of North Carolina · 1871

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3Cited by6 opinions

  1. Smith v. WeeksWisconsin Supreme Court · 1884
  2. Strayhorn v. . BlalockSupreme Court of North Carolina · 1885
  3. Turner v. . HoldenSupreme Court of North Carolina · 1891
  4. Hinsdale v. . SinclairSupreme Court of North Carolina · 1880
  5. Lewis v. SteigerCalifornia Supreme Court · 1885

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