Raisin Fertilizer Co. v. Grubbs
Supreme Court of North Carolina
PROCEEDINGS in arrest a lid bail, heard by Graves, J., on appeal from the order of the Clerk of the Superior Court of Stokes County discharging the defendant. His Honor affirmed and approved the order of the Clerk, and the plaintiff appealed. Defendant was indebted to plaintiff for moneys embezzled, and, upon application of plaintiff, was arrested.
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PROCEEDINGS in arrest a lid bail, heard by Graves, J., on appeal from the order of the Clerk of the Superior Court of Stokes County discharging the defendant. His Honor affirmed and approved the order of the Clerk, and the plaintiff appealed. Defendant was indebted to plaintiff for moneys embezzled, and, upon application of plaintiff, was arrested. After-wards defendant gave notice of his intention to move for his discharge, and filed an affidavit stating that he had theretofore made an assignment of all his property for the benefit of his creditors, at which time he was, and'ever since has…
1Opinion of the Court
Clark, J.:
The Constitution, Art. I, sec. 10, provides that there shall be no imprisonment for debt in this State except for fraud. Even in such cases the imprisonment is not perpetual, but the debtor can be discharged upon complying with the terms of cli. 27, Yol. II of The Code. One of those terms is taking the oath prescribed in section 2972, that the petitioner has “not the worth of fifty dollars in any worldly substance, in debts, money or otherwise whatsoever.” This requires the surrender of homestead and personal property exemption, and, indeed, of all property of every kind in excess…
2Cases cited7 opinions
- Moore v. . GreenSupreme Court of North Carolina · 1875
- L. H. Dellinger v. . A. G. TweedSupreme Court of North Carolina · 1872
- Long v. . McLeanSupreme Court of North Carolina · 1883
- Powers v. . DavenportSupreme Court of North Carolina · 1888
- State v. . DavisSupreme Court of North Carolina · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brittan Holland v. Kelly RosenCourt of Appeals for the Third Circuit · 2018
- Allred v. GravesSupreme Court of North Carolina · 1964
- Oakley v. . LasaterSupreme Court of North Carolina · 1916
- White v. . UnderwoodSupreme Court of North Carolina · 1899
- Judd v. Crawford Gold Mining Co.Supreme Court of North Carolina · 1897
5 more not listed; retrieve them via the Exa API.