Overton v. . Abbott

Supreme Court of North Carolina

Overton v. . Abbott

61 N.C. 293

DecidedJune 5, 1867

StatusPublished

This text of 61 N.C. 293 (Overton v. . Abbott) 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

Overton v. . Abbott, 61 N.C. 293 (N.C. 1867).

Pincite

Opinion

Pearson, C. J.

The merits of the case being disposed of in Mardre v. Felton, at this term, and (treating this as a motion, after notice, for an order to sell the land levied on,) also in Riddick v. Hinton, at this term, Mr. Bragg insists there is error in awarding a procedendo to the County Court.

We do not concur in that view. The appeal from the County to the Superior Court did not bring up the whole case, but only the motion for an order of sale, leaving the original judgment and levy in the County Court, to which court the sheriff must make return, in order to have satisfaction of the judgment entered there. We are, therefore, of opinion that the further proceedings should be had in the County Court, and that it was proper to award a procedendo. Morehead v. R. R. Co., 7 Jones, 500.

Per Ctjriah. Judgment affirmed. Motion for an order of sale should be allowed. Issue a writ of procedendo.

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Pearson, C. J.

The merits of the case being disposed of in Mardre v. Felton, at this term, and (treating this as a motion, after notice, for an order to sell the land levied on,) also in Riddick v. Hinton, at this term, Mr. Bragg insists there is error in awarding a procedendo to the County Court.

We do not concur in that view. The appeal from the County to the Superior Court did not bring up the whole case, but only the motion for an order of sale, leaving the original judgment and levy in the County Court, to which court the sheriff must make return, in order to have satisfaction of the judgment entered there. We are, therefore, of opinion that the further proceedings should be had in the County Court, and that it was proper to award a procedendo. Morehead v. R. R. Co., 7 Jones, 500.

Per Ctjriah. Judgment affirmed. Motion for an order of sale should be allowed. Issue a writ of procedendo.

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Bluebook (online)

61 N.C. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/overton-v-abbott-nc-1867.