McLeod v. Williams

Citations

• 122 N.C. 451

Syllabus

<p>Motion to Issue Execution on Dormant Judgment — Defenses — Married Woman — Consent Judgment Against Married Woman.</p> <p>1. Upon a judgment creditor’s motion to revive a dormant judgment and issue execution thereon, the defendant may set up any grounds he has in opposition to the motion.</p> <p>2. A personal judgment cannot he rendered against a married woman, not a free trader, for her husband’s debt.</p> <p>3. Where a married woman, pending an appeal by her from a personal judgment rendered against her and her husband on notes given for • property bought by her husband and secured partly by a mortgage on her land, consented to withdraw the appeal and to allow a compromise judgment to be entered against her and her husband for a certain amount payable in instalments; Held, that she had no power to consent to such judgment, and it has no binding force on her although she was personally present and represented by counsel of her own selection at the time of its rendition.</p> <p>Glark, J., dissents, arguendo, in which Montgomery, J., concurs. ■</p>