Shepherd v. . Lane
Supreme Court of North Carolina
Fr om Randolph. Case against the Defendant, the Sheriff of Randolph, iu two counts : — first, for neglecting to arrest one Shu-bat Gardner, upon a capias ad respondendum, in debt, at the instance of the Plaintiff, sued out by the Plaintiff j and second, for making a false return to that writ.
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Fr om Randolph. Case against the Defendant, the Sheriff of Randolph, iu two counts : — first, for neglecting to arrest one Shu-bat Gardner, upon a capias ad respondendum, in debt, at the instance of the Plaintiff, sued out by the Plaintiff j and second, for making a false return to that writ. Upon the plea of not guilty, the Plaintiff, on the trial before Rufetn Judge, made out his case by proving the issue of a writ of capias ad respondendum in debt, from the County Court of Randolph, in which he was the Plaintiff, and Gardner Defendant — that the Defendant had been guilty of negligence in…
1Opinion of the Court
Toomer, Judge.
The Plaintiff alleges, that he sued out a writ of capias ad respondendum, in an action of debt, from the County Court of Randolph, against one SJmbal Gardner, which came to the hands of the Defend ant, as Sheriff of Randolph, who neglected to execute the same, and made a false return thereon. This is an act¡on on q1G casej to recover damages. Tiie Plaintiff declares in two counts, first, for the neglect of duty, and secondly, for the false return. Tiie Defendant pleads not guilty. The validity of the writ is the question for the decision of this Court,* it is expressly averred…
2Cited by8 opinions
- Sharman v. HuotMontana Supreme Court · 1898
- State v. BlackSupreme Court of North Carolina · 1950
- Hooker v. . ForbesSupreme Court of North Carolina · 1932
- Beck v. VoncannonSupreme Court of North Carolina · 1953
- Daniels v. YelvertonSupreme Court of North Carolina · 1953
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