Patterson v. . Britt
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Beaufort County, at the Fall Term 1850, his Honor Judge Ellis presiding. This was an action of trespass de bonis asportatis.
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Appeal from the Superior Court of Law of Beaufort County, at the Fall Term 1850, his Honor Judge Ellis presiding. This was an action of trespass de bonis asportatis. The plaintiff alleged, that he was in the possession, and owned a stock of merchandise, on the 28th of June, 1847, when they were taken from him by one Exura, who professed to levy upon them in pursuance of an illegal attachment, sued out by the defendant, Britt, and that he did the act as deputy of the other defendant, Edmundson, who was at the time the sheriff of Greene County, when the goods were taken. The defendants pleaded…
1Opinion of the CourtPearsox, J.
The Court charged, — “that the defendants were both responsible for the acts of Exum, it appear ing, of record, that they both subsequently acquiesced in these acts — Edmundson by the return of the attachment, and Britt, by accepting the return and prosecuting the suit.
There is error, in holding Edmundson responsible for the acts of Exum, and giving to the return this conclusive legal effect. How far the superior is bound by the acts of the deputy is not the question ; but it is, did Exum levy upon the goods of the plaintiff as the deputy of Ed' mundson 1 The original return, made by Exum,…
2Cited by4 opinions
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937
- Hanie v. . PenlandSupreme Court of North Carolina · 1927
- Alexander v. . CommissionersSupreme Court of North Carolina · 1874
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937