Miller v. . Powers
Supreme Court of North Carolina
PROCEEDING for amercement of the sheriff of Pender county, heard before Brown, On the 6th of February, 1893, an execution was issued upon a judgment in favor of W. W. Miller against Greorge Washington, and W. T. Bannerman, surety on his appeal bond, for the sum' of fifty-six dollars and eighteen cents, docketed March 14, 1892, with interest from that date, and the sum of seventy-two dollars and five cents costs.
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PROCEEDING for amercement of the sheriff of Pender county, heard before Brown, On the 6th of February, 1893, an execution was issued upon a judgment in favor of W. W. Miller against Greorge Washington, and W. T. Bannerman, surety on his appeal bond, for the sum' of fifty-six dollars and eighteen cents, docketed March 14, 1892, with interest from that date, and the sum of seventy-two dollars and five cents costs. Said execution was delivered to the sheriff’s deputy, W. T. Ban-nerman, by the attorney for the plaintiff on February 6, 1893. On March 15, 1893, being on the third day of March Term,…
1Opinion of the Court
Avery, J.:
The only question raised by the appeal and discussed on the argument of case here was whether the Judge erred in holding that the burden of proof was upon the plaintiff, when he undertook to contradict the sheriff’s return that no fees were “paid or tendered to lay off the defendant’s homestead.” In Hunter v. Kirk, 4 Hawks, 277, Judge Hall said that as the sheriff is “a sworn officer, his return cannot be contradicted by” a single affidavit. That case was cited with approval as to this point in Mason v. Miles, 63 N. C., 564. If the same amount of artificial weight is not still to be…
2Cases cited1 opinion
- Mason and Another v. . MilesSupreme Court of North Carolina · 1869
3Cited by2 opinions
- Lake Drainage Commissioners v. SpencerSupreme Court of North Carolina · 1917
- Williamson v. . CockeSupreme Court of North Carolina · 1899