Shelton v. . Fels

Supreme Court of North Carolina

Shelton v. . Fels

61 N.C. 178

DecidedJanuary 5, 1867

StatusPublished

This text of 61 N.C. 178 (Shelton v. . Fels) 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

Shelton v. . Fels, 61 N.C. 178 (N.C. 1867).

Pincite

Opinion

Reade, J.

The entry upon the docket by the plaintiff, in the suit of Fels v. Slade, (the same in which this motion is made,) of a cesset executio, until April Term, 1867, did not annul or suspend the judgment so as to avoid & fieri facias issued on it-. Cody v. Quinn, 6 Ire., 191. But still it was so far binding between the parties, that the court would compel them to observe it. And the plaintiff Fels having had a fieri facias issued upon it before the expiration of the time, it would have been proper for the court, upon the motion of Slade, the defendant in that suit, to set aside the execution.

Observe, we say, upon the motion of Slade; for, very clearly, no one except him could maintain the motion. And so far from this being Slade’s motion, he appeared in court and protested against the motion of Shelton. Slade had 'the right either to insist upon or to waive the cesset executio, and he did the latter.

Per Curiam. There is no error.

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Reade, J.

The entry upon the docket by the plaintiff, in the suit of Fels v. Slade, (the same in which this motion is made,) of a cesset executio, until April Term, 1867, did not annul or suspend the judgment so as to avoid & fieri facias issued on it-. Cody v. Quinn, 6 Ire., 191. But still it was so far binding between the parties, that the court would compel them to observe it. And the plaintiff Fels having had a fieri facias issued upon it before the expiration of the time, it would have been proper for the court, upon the motion of Slade, the defendant in that suit, to set aside the execution.

Observe, we say, upon the motion of Slade; for, very clearly, no one except him could maintain the motion. And so far from this being Slade’s motion, he appeared in court and protested against the motion of Shelton. Slade had 'the right either to insist upon or to waive the cesset executio, and he did the latter.

Per Curiam. There is no error.

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Bluebook (online)

61 N.C. 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelton-v-fels-nc-1867.