Baker v. . Belvin

Citations

• 30 S.E. 337
• 122 N.C. 190
• 1898 N.C. LEXIS 222

Syllabus

<p>Appeal — Practice—Findings by Trial Judge — Garnishment — Judgment of Justice of the Peace, Appeal from.</p> <p>1. The findings of fact by the trial judge are not reviewable except in injunction and like proceedings, or on exceptions to findings of . fact upon a referee’s report upon the ground that there was no evidence.</p> <p>'2. On appeal from the refusal of a motion to set aside a judgment of a Justice of the Peace (from which no appeal was taken within ten days) the only question that can arise is the regularity of the Justice’s judgment.</p> <p>3J. Since the enactment of Sections 364 — 366 of The Code, a judgment may be taken against a garnishee, who is found to be indebted to the debtor, in the action to which the garnishment proceeding is ancillary, and it is not necessary to bring a separate action against such garnishee.</p> <p>4. Where judgment is given against a garnishee in an action against the debtor, it is proper to make an order applying the collections made on such judgment to the judgment obtained, or to be obtained, against the debtor.</p>