Culberson v. . Morgan

An execution upon a dormant judgment is not void; it is only irregular; and that is an objection to be taken by the defendant in the execution. It does not lie with the sheriff to raise it. The process justifies him, and, therefore, he is obliged to serve it. Dawson v. Shepherd, 15 N.C. 497, is in point.

The duty of the officer as to the mode of sale was correctly stated to the jury, as the counsel for the defendant admits. But he insists that the judge erred in undertaking to assume as a fact that the articles sold for less, when put up together, than they would if offered separately. The…