Hester's Administrators v. Burton

Superior Court of North Carolina

Hester's Administrators v. Burton

3 N.C. 136

DecidedApril 15, 1801

StatusPublished

This text of 3 N.C. 136 (Hester's Administrators v. Burton) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hester's Administrators v. Burton, 3 N.C. 136 (N.C. Ct. App. 1801).

Pincite

Opinion

After argument and the production of authorities, Judge Johnston decided that the execution was irregular. If there had been a cess at executis to a certain time, execution might have been taken out after that time without a sci.fa. but here-no certain time for the stay of execution is mentioned. The plaintiff might have taken it out the next moment after the entry : The entry makes no difference. If in the present case he can take out execution after the year, there is the same reason for his taking it oat after any length of time whatever.

Execution set aside.

Free access — add to your briefcase to read the full text and ask questions with AI

After argument and the production of authorities, Judge Johnston decided that the execution was irregular. If there had been a cess at executis to a certain time, execution might have been taken out after that time without a sci.fa. but here-no certain time for the stay of execution is mentioned. The plaintiff might have taken it out the next moment after the entry : The entry makes no difference. If in the present case he can take out execution after the year, there is the same reason for his taking it oat after any length of time whatever.

Execution set aside.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.C. 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hesters-administrators-v-burton-ncsuperct-1801.