Legal Opinion

Farmers & Mechanics National Bank of Westminster v. Burns

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 6 opinions

Supplementary proceedings, heard before Boykin, J., at August Term, 189'J, of Moore Superior Court, on appeal from the Clerk. The plaintiff obtained its judgment against the defendants for $1,089.83, with interest, in the Superior Court of the county of Moore, on the 17th day of August, 1885, and the same was duly docketed in that county. No part of the same has been paid.

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Supplementary proceedings, heard before Boykin, J., at August Term, 189'J, of Moore Superior Court, on appeal from the Clerk. The plaintiff obtained its judgment against the defendants for $1,089.83, with interest, in the Superior Court of the county of Moore, on the 17th day of August, 1885, and the same was duly docketed in that county. No part of the same has been paid. It appears, by the affidavit of the agent of the plaintiff, that an execution upon the said judgment was, on June 26th, 1890, issued to the Sheriff of Moore County, in which both of the said defendants reside, said…

1Opinion of the CourtMekriMON, C. J.

after stating the case: The statute (The Code, § 488, par. 2) prescribes that, “ After the issuing of an execution against property, and upon proof by affidavit of a party, his agent or attorney, to the satisfaction of the Court or a Judge thereof, that any judgment debtor residing in the judicial district where such Judge or officer resides, has property which he unjustly refuses to apply toward the satisfaction of the judgment, such Court or Judge may, by an order,require the judgment-debtor to appear at a specified time and place to answer concerning the same,” etc. The affidavit objected…

2Cases cited3 opinions

  1. Coates Bros. v. WilkesSupreme Court of North Carolina · 1886
  2. Hinsdale v. . SinclairSupreme Court of North Carolina · 1880
  3. Vegelahn v. . SmithSupreme Court of North Carolina · 1886

3Cited by6 opinions

  1. Cornelius v. AlbertsonSupreme Court of North Carolina · 1956
  2. Bank of Aspen v. Fox Cartage, Inc.Appellate Court of Illinois · 1987
  3. McIntosh Grocery Co. v. NewmanSupreme Court of North Carolina · 1922
  4. Clarke v. Nebraska National BankNebraska Supreme Court · 1899
  5. Boseman v. . McGillSupreme Court of North Carolina · 1922

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