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Pennington and Wife v. Hayes, Administrator, Etc.
The defendant is not estopped as at law; in other words, the judgment not being in rem, nor enforced by fi. fa., but in personam only, there must be a new proceeding before the res or property of the defendant can be affected; which new proceeding is grounded upon the original cause of action.
The Court took time to consider, and then gave judgment for plaintiff.
Cited: Armistead v. Bozman, 36 N.C. 123.