McGloughan v. . Mitchell
Supreme Court of North Carolina
AmeecemeNt of sheriff in penalty of $100 for failing to make return on a Justice’s execution, heard on appeal before Bowman, Jr., at Spring Term, 1899, of the Superior Court of Hertford County. The execution was addressed Ho J. E. Jones, Constable of WinéonP The motion to amerce was dismissed by his Honor, and plaintiffs appealed.
1Opinion of the CourtFaircloth, C. J.
The plaintiffs recovered judgment against the Roanoke & Chowan Lumber Company before a Justice of the Peace who issued an execution directed to “J. E. Jones, constable of Winton,” which was placed iif the hands of the defendant who was sheriff of the county. The sheriff levied on some personal property of the judgment debtor, but nothing was collected, and the sheriff failed to return the execution in due time. On motion, a judgment nisi for failing to make return was made absolute by the Justice of the Peace. The defendant appealed to the Superior Court, where the motion to amerce the…
2Cases cited3 opinions
- Coble v. ShoffnerSupreme Court of North Carolina · 1876
- Smithwick v. . WilliamsSupreme Court of North Carolina · 1848
- Den. Ex Dem. Tarkinton v. AlexanderSupreme Court of North Carolina · 1836
3Cited by7 opinions
- Skinner v. ThomasSupreme Court of North Carolina · 1916
- Skinner v. . ThomasSupreme Court of North Carolina · 1916
- Carson v. . WoodrowSupreme Court of North Carolina · 1912
- Carson v. WoodrowSupreme Court of North Carolina · 1912
- State v. . JohnsonSupreme Court of North Carolina · 1921
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