Public-domain · open source
OpenJurist

34 N.C. 274

Carter v. . Colman

Supreme Court of North Carolina

Decided August 5, 1851

Supreme Court of North Carolina · decided 1851-08-05

Appeál from the Superior Court of Law of Buncombe county, Special Term, July, 1851, his Honor Judge Bailey presiding. In 1842, the plaintiffs recovered a judgment in debt against the defendant, which became dormant. In 1847, they sued out a scire facias to revive, which was served.

Good law ✅— No negative treatment on recordhow we know

Decided 1851-08-05

How this case has been cited

Cited by 5 later decisions — most recently February 1947

1 federal appellate · 4 state decisions

101851186018701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Ruffin, C. J.

¶1 The judgment oh the scire facias is, that the plaintiff have execution on his original recovery, and nothing more, except as to the costs. It is not at all inconsistent, that the creditor should also have another judgment to recover the debt, and it cannot prejudice the defendant, as they are but different securities for the same debt, and satisfaction of either would be satisfaction of both judgments. A plaintiff may sue on a judgment, on which he may at the time have execution; and, indeed, the purposes of justice *275 may sometimes require it, as it may be necessary to the recovery of interest on a judgment for damages, or, as in this case, to obtain new bail, after the discharge of the former bail, under the statute of limitations. The debtor can always defeat a disposition to oppress him with costs by paying the debt.

¶2 Per Curiam. Judgment affirmed.

/34/nc/274 · .json · Public domain