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61 N.C. 291

Riddick v. Hinton

Supreme Court of North Carolina

Decided June 15, 1867

Supreme Court of North Carolina · decided 1867-06-15

Scire Facias, requiring defendant to show cause why a venditioni exponas should not issue, tried before Shipp, J., at Spring Term, 18 67, of the Superior Court of Pasquotank. The plaintiff had recovered judgment against the defendants for a large sum at Spring Term, 1861, of that court. A writ of fi. fa. was immediately issued, and was returned to the next term, having been levied upon certain land.

Decided 1867-06-15

Pearson, C. J.

¶1From the view taken of the question in *293Mardre v. Felton, at this term, it can make no difference whether the order of sale be asked for simply on notice, as in that case, or on what purports to be a writ of scire facias to show cause why a writ of ven. ex. should not issue, as in this. The object is to give the defendant a day in court, in order to show that the judgment has been satisfied; and that is answered as well in the one mode as in the other.

¶2There is error.

¶3Per Curiam. Judgment reversed, and judgment of procedendo awarded.

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