Myers v. . Credle

63 N.C. 504

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Reade, J.

I. Tbe plaintiff cannot recover against tbe defendant Credle, because at tbe time' the writ was issued be was not in possession of tbe property, and did not have tbe control of the same, Rev. Code, ch., 98, sec. 1.

II. The plaintiff cannot recover agaist Selby and Lupton, because they are not parties to tbe suit Tbe fact that tbe plaintiff surrendered the property to them upon their entering into bond “to perform tbe final judgment in tbe suit” did not make them parties^ Whether" there is any remedy against them upon their bond, in some other proceeding against them, is not before us.

There is no error. There will be judgment here for defendant.

PER Curiam. Judgment affirmed.