Harrell v. . Warren
Supreme Court of North Carolina
Civil. ACTION, against a Sheriff, to recover the penalty imposed by § 2079 of The Code, for a false return, tried before Graves, /., at Fall Term, 1887, of Chowan Superior Court. The- defendant demurred to the complaint. Demurrer overruled. Appeal by defendant.
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Civil. ACTION, against a Sheriff, to recover the penalty imposed by § 2079 of The Code, for a false return, tried before Graves, /., at Fall Term, 1887, of Chowan Superior Court. The- defendant demurred to the complaint. Demurrer overruled. Appeal by defendant. The action, begun by the issue of a summons on the 21st day of March, 1887, is prosecuted by the plaintiff against the defendant for an alleged false return, made by him as Sheriff, to an execution delivered into his hands in favor of John Smith against the plaintiff, and the recovery of the penalty given by § 2079 of The Code. The…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The case has not been argued for defendant, and besides the specific grounds assigned in the demurrer, we meet at the threshold the question, whether any cause of action upon the facts stated, accrues to the plaintiff, and this objection has been disposed of in cases heretofore before the Court.
In Martin v. Martin, 5 Jones, 346, it is decided that any person may sue for the penalty, and he need not mention the other party to whom the statute gives one moiety of the recovery. The same point was made, and though not specially mentioned in the opinion, was…
2Cases cited2 opinions
- Finley v. . HayesSupreme Court of North Carolina · 1879
- Peebles v. . NewsomSupreme Court of North Carolina · 1876
3Cited by3 opinions
- Piedmont Manufacturing Co. v. BuxtonSupreme Court of North Carolina · 1890
- State v. . BerrySupreme Court of North Carolina · 1915
- Rollins v. GibsonSupreme Court of North Carolina · 1977