Martin v. . Williams

Supreme Court of North Carolina

Martin v. . Williams

12 N.C. 386

DecidedJune 5, 1828

StatusPublished

This text of 12 N.C. 386 (Martin v. . Williams) is published on Counsel Stack Legal Research, covering Supreme 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

Martin v. . Williams, 12 N.C. 386 (N.C. 1828).

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Opinion

Per Curiam

The substantial justice of the case is, that the Defendant’s intestate received the money claimed by the Plaintiff, and received it to his use; it was also received on account of the judgment against Bowen, a fact which could not be more satisfactorily established by the production of the judgment.’ But we cannot be ignorant of a very prevailing custom in the country, of surrendering magistrates’judgments to the debtor, upon their being paid ; and in most cases it would be impossible ever to obtain possession of them again. Besides the Defendant ought not to insist upon the. production of it, after he had acknowledged the receipt of it, and must consequently have put it into Judkins’ possession.

Let the judgment below be reversed.

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Per Curiam

The substantial justice of the case is, that the Defendant’s intestate received the money claimed by the Plaintiff, and received it to his use; it was also received on account of the judgment against Bowen, a fact which could not be more satisfactorily established by the production of the judgment.’ But we cannot be ignorant of a very prevailing custom in the country, of surrendering magistrates’judgments to the debtor, upon their being paid ; and in most cases it would be impossible ever to obtain possession of them again. Besides the Defendant ought not to insist upon the. production of it, after he had acknowledged the receipt of it, and must consequently have put it into Judkins’ possession.

Let the judgment below be reversed.

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Bluebook (online)

12 N.C. 386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-williams-nc-1828.