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74 N.C. 255

Womble v. . Little

Supreme Court of North Carolina

Decided January 5, 1876

Supreme Court of North Carolina · decided 1876-01-05

This was a ^MOTION in the cause heard before his Honor Judge Watts, at Fall Term, 1875, of the Superior Court of Wake county. The motion was “ to reform the judgment entered, and for an order to issue to the Sheriff of Wake county to suspend the sale of property, upon which he had levied, until the motion was heard.” His Honor granted an order to the Sheriff to suspend the sale from day to day until the hearing, when the following facts were found: 1.

Cited by 1 later decisions — most recently July 1957

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-05

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Settle, J.

¶1 The defendant’s appeal rests upon the'idea that there is a variance between the judgment rendered by the magistrate and the one docketed in the office of the Superior Court Clerk, when, in fact, though expressed in words somewhat different, they mean precisely the same thing. The defendant contends that the Justice’s judgment implies interest at six per cent. only. But of course his judgment, giving *257 “interest from 10th day of April, 1874,” upon a note which, specified on its face that it should bear interest, at eight per •cent. pur annum, could mean nothing else than interest at eight per cent; and when the Clerk, in docketing the Justice’s judgment, which was taken by confession, according to specialty filed, added the words “at eight per cent.” he did not,, in the least degree, change the sense or the legal effect of the Justice’s judgment.

¶2 The judgment of the Superior Ccmt is iffirmed.

¶3 There are four other otes lchutn tl t tin e parties, and involvirg the tin e part, l<fot vs tt tl is tom. Let judgment be cutocd in all in ttriem ity to tl is pinion.

¶4 Pee Cueiam. Judgment affirmed.

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