Pennington v. . Hayes

Superior Court of North Carolina

Pennington v. . Hayes

3 N.C. 330

Superior Court of North Carolina·Decided July 5, 1804·Published

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.

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

Pincite

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Opinion

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