Pennington v. . Hayes

Superior Court of North Carolina

Pennington v. . Hayes

3 N.C. 330

DecidedJuly 5, 1804

StatusPublished

This text of 3 N.C. 330 (Pennington v. . Hayes) 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

Pennington v. . Hayes, 3 N.C. 330 (N.C. Ct. App. 1804).

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Opinion

The defendant is not estopped as at law; in other words, the judgment not being in rem, nor enforced by fi. fa., but in personam only, there must be a new proceeding before the res or property of the defendant can be affected; which new proceeding is grounded upon the original cause of action.

The Court took time to consider, and then gave judgment for plaintiff.

Cited: Armistead v. Bozman, 36 N.C. 123.

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The defendant is not estopped as at law; in other words, the judgment not being in rem, nor enforced by fi. fa., but in personam only, there must be a new proceeding before the res or property of the defendant can be affected; which new proceeding is grounded upon the original cause of action.

The Court took time to consider, and then gave judgment for plaintiff.

Cited: Armistead v. Bozman, 36 N.C. 123.

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Bluebook (online)

3 N.C. 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennington-v-hayes-ncsuperct-1804.

Opinion

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