Bryant v. Poole

Defendant excepted to and assigns as error the denial of his motion for judgment of nonsuit. He asserts, as the sole basis for his position, that the uncontroverted facts show plaintiff’s action is barred by the statute of limitations.

The statutory provision pleaded and relied on by defendant is G.S. 1-47(1). It provides that the period prescribed for the commencement of an action “(u)pon a judgment or decree of any court of the United States, or of any state or territory thereof,” is ten years “from the date of its rendition.”

Plaintiff’s action, instituted May 10, 1963, is based on the…