Legal Opinion

Corbin v. Berry & McGowan

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 4 opinions

SUPPLEMENTAL PROCEEDINGS heard at Chambers in New-bern on the 31st of January, 1880, before Seymour, J. The following creditors of the defendants, Reuben H. Berry and John McGowan, partners trading under the name and style of Berry & McGowan, to-wit, James M. Corbin, Wilson, Palmer & Co., P. T. George & Co., and Henry Welsh, after due preliminary steps of executions issued and a return of “ unsatisfied ” by the sheriff, applied to His Honor, A. S. Seymour, the resident judge…

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SUPPLEMENTAL PROCEEDINGS heard at Chambers in New-bern on the 31st of January, 1880, before Seymour, J. The following creditors of the defendants, Reuben H. Berry and John McGowan, partners trading under the name and style of Berry & McGowan, to-wit, James M. Corbin, Wilson, Palmer & Co., P. T. George & Co., and Henry Welsh, after due preliminary steps of executions issued and a return of “ unsatisfied ” by the sheriff, applied to His Honor, A. S. Seymour, the resident judge of the second judicial district, for proceedings supplemental to execution, on or about the 26th of January, 1880. The…

1Opinion of the Court

Dillard, J.,

after stating the case. Several exceptions were taken by the appellant in the argument before us, which do not appear from the record to have been taken in the court below, and we will not therefore consider them, but confine our consideration, according to the well established rule, to such exceptions as are stated in the case of appeal, and such as are allowable for the first time in this court, respecting a want of jurisdiction in the court, or where upon the facts of the case the party has no ground of relief. Meekins v. Tatem, 79 N. C., 546; Whissenhunt v. Jones, 80 N. C.,…

2Cases cited3 opinions

  1. Meekins v. . TatemSupreme Court of North Carolina · 1878
  2. Bank of Statesville v. GrahamSupreme Court of North Carolina · 1880
  3. Whissenhunt v. . JonesSupreme Court of North Carolina · 1879

3Cited by4 opinions

  1. State ex rel. Claar v. BranningSupreme Court of Florida · 1923
  2. State v. . RaySupreme Court of North Carolina · 1887
  3. Worth v. Piedmont Bank of MorgantonSupreme Court of North Carolina · 1897
  4. Hopkins v. . SwainSupreme Court of North Carolina · 1934

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