Turner v. . Holden
Supreme Court of North Carolina
It appears that the plaintiff had obtained his judgment against the defendant in the Superior Court of Wake County, and that the same was duly docketed; that, afterwards, on the 20th day of April, 1891, the plaintiff began this proceeding, supplementary to the execution, and obtained from the Court (the Clerk) an order requiring the defendant to appear and answer concerning .his property, at a time and place specified, as allowed by the statute in such cases.
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It appears that the plaintiff had obtained his judgment against the defendant in the Superior Court of Wake County, and that the same was duly docketed; that, afterwards, on the 20th day of April, 1891, the plaintiff began this proceeding, supplementary to the execution, and obtained from the Court (the Clerk) an order requiring the defendant to appear and answer concerning .his property, at a time and place specified, as allowed by the statute in such cases. A copy of this order was placed in the hands of the Sheriff of said county to be served upon the defendant.. The Sheriff made return…
1Opinion of the Court
Mebuimon, C. J.:
The Court had jurisdiction of the defendant by virtue of the service of the summons, the original process, and his appearance in the action. The action was not ended for all purposes when the plaintiff obtained his judgment; it remained, and remains, current for all proper purposes in the enforcement of the judgment by the ordinary execution and other appropriate means, including proceedings supplementary to the execution. The latter are not separate from and independent of the action; they are incident to and part of it; they constitute and are no more than a means allowed by…
2Cases cited2 opinions
- Weiller & Co. v. LawrenceSupreme Court of North Carolina · 1879
- Farmers National Bank v. BurnsSupreme Court of North Carolina · 1890
3Cited by13 opinions
- State v. Ralph Williams' North West Chrysler Plymouth, Inc.Washington Supreme Court · 1976
- Cody v. . HoveySupreme Court of North Carolina · 1941
- Ledford v. EmersonSupreme Court of North Carolina · 1906
- State v. . PriceSupreme Court of North Carolina · 1892
- Arnold v. National Union of Marine Cooks & Stewards Ass'nWashington Supreme Court · 1953
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