Dawson v. . Shepherd
Supreme Court of North Carolina
Case against the defendant,the Sheriff of Martin, top'* a false return to a JL fa. issued at the instance of the plaintiff1 against the goods of one 'Tunstal, and also for improperly applying the amount raised by a sale of the said goods to another execution, instead of to that of the plaintiff. Plea — not guilty. On the trial at Halifax, on the last Fall circuit, a verdict was taken subject to the opinion of the court upon the following facts.
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Case against the defendant,the Sheriff of Martin, top'* a false return to a JL fa. issued at the instance of the plaintiff1 against the goods of one 'Tunstal, and also for improperly applying the amount raised by a sale of the said goods to another execution, instead of to that of the plaintiff. Plea — not guilty. On the trial at Halifax, on the last Fall circuit, a verdict was taken subject to the opinion of the court upon the following facts. The plaintiff’s judgment against Tunstal, was obtained in Nash Superi- or Court, at the term thereof, begining on the third Monday of March 1831. At…
1Opinion of the Court
Gaston, Judge.
Upon the case stated we are unable to perceive any legal grounds for the judgment rendered against the defendant. Admit that Thompson’s execution was irregular because sued out without a scire fa-cias, and admit even that this irregularity ivas not cured by the waiver of Tunstal, the .defendant in the execution, upon which points it is unnecessary to express an opinion,) yet assuredly it was not therefore void. Now an officer can not only justify under an irregular or voidable process, hut he is bound to execute it. (Weaver v. Crier, ante 1 vol. 557.) Thompson’s execution…
2Cited by4 opinions
- Culberson v. . MorganSupreme Court of North Carolina · 1847
- Hester v. . BurtonSuperior Court of North Carolina · 1801
- M'Ree's Heirs v. AlexanderSupreme Court of North Carolina · 1824
- Weaver v. . CryerSupreme Court of North Carolina · 1827