Weir v. . Fowler
Cases that cite this one
2 later published cases cite this decision.
- North Carolina Joint Stock Land Bank of Durham v. Bland (N.C. 1949)
- Brodie v. . Seagraves (Superior Court of North Carolina 1798)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is a companion case to Weir v. Weir, ante, 268. Plaintiffs instituted the present action to restrain the sheriff from delivering deed for the lands sold under execution, until a hearing could be had on their motion, made in the original cause, to have said sale set aside and the same declared void. This was unnecessary, as the same relief, if needed, could have been obtained by motion in the original cause. Indeed, the granting of an order nisi to set aside an irregular execution, in such proceeding, operates, as soon as the parties have notice of it, to stay any further action. Foard v. Alexander, 64 N. C., 69; Long v. Jarrett, 94 N. C., 443.
Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.