Adams v. . Guy

Citations

• 11 S.E. 535
• 106 N.C. 275

Syllabus

<p>Judgment Docketed — Justice of the Peace — Statute of Limitations — Execution—Leave of Court.</p> <p>1. A judgment was obtained before a Justice of the Peace in 1878 on a prior judgment, also obtained before a Justice of the Peace; the last judgment was docketed in the Superior Court, and in 1886 leave was obtained, after objection, to issue execution: Held, that the leave was properly granted.</p> <p>21'A judgment docketed in the Superior Court, as prescribed by statute, becomes “ a judgment of the Superior Court in all respects.”</p> <p>3. Leave to issue execution upon a judgment so docketed may be granted at any lime within ten years from the docketing.</p> <p>4. The motion for leave was made in apt time, though the ten years expired pending the appeal, and though it appears that no undertaking was given.</p> <p>5. The time during which the judgment creditor was restrained by the operation of the appeal is not to be counted, as the appeal had the effect to prevent the issuing of execution within the time prescribed.</p>