Jamesville & Washington Railroad v. Fisher
Supreme Court of North Carolina
Civil Action, originally instituted before a Justice of the Peace, and brought by appeal to the Superior Court of Beaufort County, where it was tried at the May Term, 1890, before Whitaker, J. The return of the officer, upon the summons, was as follows : “Received March 24th, 1890; served March 24th, 1890, by reading the within summons to A. Fisher.
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Civil Action, originally instituted before a Justice of the Peace, and brought by appeal to the Superior Court of Beaufort County, where it was tried at the May Term, 1890, before Whitaker, J. The return of the officer, upon the summons, was as follows : “Received March 24th, 1890; served March 24th, 1890, by reading the within summons to A. Fisher. R. T. Hodges, Sheriff, by J. H. Hodges, D. S.” Both in the Court of the Justice of the Peace and in the Superior Court, the defendant entered a special appearance and moved to dismiss for want of service, because James H. Hodges, who actually…
1Opinion of the Court
Avery, J.:
A Sheriff is liable to answer in damages for any wrongful act of his deputy, done under color of his office, for which the Sheriff would have incurred such liability had he done the act himself; and in all such cases he and his deputy are, in contemplation of law, one person. Murfree on Sheriffs, §§ 20, 59, 60, 62.
So far has this doctrine, as to all wrongful acts of the deputy done colore officii, been carried by this Court, that a demand on a defaulting deputy for'money collected by him in that capacity, has been declared equivalent to a demand on the Sheriff. Lyle v. Wilson, 4…
2Cases cited4 opinions
- Yeargin v. . SilerSupreme Court of North Carolina · 1880
- Miller v. McMillanSupreme Court of Alabama · 1842
- Proctor v. WalkerIndiana Supreme Court · 1859
- Barrett v. SewardSupreme Court of Vermont · 1850
3Cited by15 opinions
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937
- Borders v. . ClineSupreme Court of North Carolina · 1937
- Borders v. ClineSupreme Court of North Carolina · 1937
- Davis v. . MooreSupreme Court of North Carolina · 1939
- Griffin v. BarnesSupreme Court of North Carolina · 1955
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