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64 N.C. 104

McIntyre v. Guthrie

Supreme Court of North Carolina

Decided January 15, 1870

Supreme Court of North Carolina · decided 1870-01-15

Motion by the defendant, to set asidelan alias execution, and also a Ten. Ex., made before Tourgee, J., at Spring Term 1869 of Chatham Court.

Cited by 1 later decisions — most recently January 1874

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-01-15

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Beade, J.

¶1.The decree was entered at Spring Term 1866, and the Fi. Fa. before ns, issued July 13th 1868. This was more than a year and a day after the rendition of the decree.

¶2General Sickles’ Order, No. 10, (April 11th 1867,) which was cited by the plaintiff, did not prevent the lapse of time from rendering the decree dormant, if for no other reason, because this effect had already been produced when the Order was issued.

¶3The case of Neely v. Craige, Phil. 187, is an authority to .show that the Acts of 1865-’66, c. 50, and 1866-’67, c. 17, do not prevent decrees from becoming dormant, and, for the reasons there assigned, we affirm the order of the Court Below.

¶4Pee. Curiam. Order accordingly.

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