Shackelford v. . Staton
Supreme Court of North Carolina
Civil aotioN, against the defendant, former clerk of the Superior Court of Edgeoombe County, for damages resulting from his failure to properly index a judgment, tried before Mclver, J., at April Term, 1895, of Edgecombe Superior Court. His Honor being of opinion that, upon the facts as alleged in complaint, the action was barred by the statute of limitation, gave judgment accordingly and plaintiff appealed.
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Civil aotioN, against the defendant, former clerk of the Superior Court of Edgeoombe County, for damages resulting from his failure to properly index a judgment, tried before Mclver, J., at April Term, 1895, of Edgecombe Superior Court. His Honor being of opinion that, upon the facts as alleged in complaint, the action was barred by the statute of limitation, gave judgment accordingly and plaintiff appealed. The facts are fully stated in the opinion of Associate Justice Montgomery.
1Opinion of the Court
Montgomery, J.:
It appears from the complaint that the plaintiff, Kate S. Shackelford, then & feme sole, on the 13th of April, 1885, at the Spring Term of EdgecoMbe Superior Court, recovered a jirdgmentfor $536.89 against S. E. and B. P. Jenldns and John Killebrew; that the defendant in this action was Clerk of the Superior Court at the time of the rendition of the judgment and continued in the office until December, 1886, when his term expired; that the defendant docketed the judgment within the time prescribed by law, but failed to cross-index the same under the name of John Killebrew, one…
2Cited by16 opinions
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