Gooch v. . Gregory
Supreme Court of North Carolina
This was a petition for an alternativejmúwtítamits, heard before Watts, Judge at the Fall Term, 1870, of Ham?ax Superior Court. The petitioner had sued the Board of Commissioners of Halifax County upon a claim against ¿the County, and obtained a judgment against them.
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This was a petition for an alternativejmúwtítamits, heard before Watts, Judge at the Fall Term, 1870, of Ham?ax Superior Court. The petitioner had sued the Board of Commissioners of Halifax County upon a claim against ¿the County, and obtained a judgment against them. He afterwards applied to the Clerk and directed him to issue an execution thereon against the defendants, but he refused to do so, alleging as a reason for such refusal that the plaintiff had no right to have such execution issued. His Honorábeing of a contrary opinion, gave judgment for the plaintiff and ordered a peremptory…
1Opinion of the CourtDick, J.
As a general rule, a party ^who has obtained a judgment, is entitled to have an execution to enforce it.
An execution is a judicial writ issuing from the Court where the judgment is rendered, and in contemplation of law is issued under the order of the Court. It is the duty of a Clerk, as a ministerial officer of the Court, to issue execution at the request of the plaintiff in the judgment, and if he fails to perform such duty, the plaintiff has two remedies for enforcing his right. He may obtain a rule on the Clerk, as an officer of the Court, to compel him to perform his duty* or be subject…
2Cases cited2 opinions
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