Cart v. Allegood

• Decision Date: 26 October 1897
• Citation: 121 N.C. 54,28 S.E. 61
• Court: North Carolina Supreme Court
• Parties: CART et al. v. ALLEGOOD.

28 S.E. 61

121 N.C. 54

CART et al.

v.ALLEGOOD.

Supreme Court of North Carolina.

Oct. 26, 1897.

Justices of the Peace—Jurisdiction—Appeal-Dismissal.

1. Where two justices of the peace on the same day issue executions against the same debtor, one justice has no jurisdiction to declare void the execution issued by the other.

2. The supreme court will not entertain an appeal where it appears that there is an entire lack of jurisdiction in the lower court.

Appeal from superior court, Craven county; Timberlake, Judge.

Separate actions by John R. Cary & Co. and the Old Dominion Paper Company against R. E. Allegood, in the court of William Colligan, justice of the peace. Plaintiffs recovered judgments, and executions were issued and delivered to the sheriff, who levied them with other executions, received on the same day from the court of S. R. Street, justice of the peace, in favor of other creditors. Cary & Co. and the Old Dominion Paper Company obtained a rule from the court of William Colligan requiring the sheriff to show cause why moneys received by him under the executions in his hands should not be paid to them. On the hearing of the rule, judgment was rendered that plaintiffs were entitled to the moneys arising under the executions, in preference to creditors who sued in the court of S. R. Street, on the ground that the executions issued by him were void. On appeal to the superior court, where the several actions were consolidated, it was adjudged that the executions issued by S. R. Street were valid, and from this judgment Cary & Co. and the Old Dominion Paper Com pany appeal. Proceeding under the rule dismissed.

C. R. Thomas and D. L. Ward for appellants.

H. C. Whitehurst for appellee.

MONTGOMERY, J. The sheriff of Craven county levied upon and sold the property of a debtor under final process issued and delivered to him, on the same day, by two different justices of the...