Tag Archives: Heyer

Court Record: Heyer, Margaret E (1901)

The Southeastern reporter, Volume 38, page 876
By West Publishing Company (1901)

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

Application by Margaret E. Heyer, administratrix of the estate of John C. Heyer, deceased, for leave to issue execution against D. W. Rivenbark. From a judgment affirming an order denying the application, complainant appeals. Reversed. Stevens, Beasley & Weeks, for appellant. J. T. Bland, for appellee.

CLARK, J. This was a motion, September 9, 1897, by an administrator, before the clerk, for leave to issue execution, upon notice served on defendant, based on an affidavit which sets out that on December 23, 1885, plaintiff’s intestate obtained a judgment against defendant before a justice of the peace for $148.73 and costs, and on the same day caused the same to be docketed in the office of the clerk of the superior court of Pender county, and that no part of said judgment has been paid, and that the whole thereof is still due. The record states the defendant “resisted the motion, and pleaded the statute of limitations in bar of the motion.” The clerk found the allegations of the affidavit to be true, and added a further finding that at the date of docketing the judgment the defendant “was, and is now, the owner of real estate situate in Pender county of value not exceeding $1,000, and no homestead has ever been assigned defendant.” The clerk denied the motion, which judgment was affirmed by the judge on appeal, and plaintiff appealed to this court.