Legal Opinion

Jackson v. . Buchanan

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 4 opinions

Appeae from an order made at Fall Term, 1882, of RICHMOND Superior Court, by Gilmer, J. This was an action of claim and delivery, and the plaintiff, on the day of suing out his summons, made the affidavit required by section 177 of the Code of Civil Procedure before an acting deputy of the clerk of the superior court of Richmond county, who endorsed thereon an order directed to the sheriff requiring him to take possession of the property described in the affidavit and…

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Appeae from an order made at Fall Term, 1882, of RICHMOND Superior Court, by Gilmer, J. This was an action of claim and delivery, and the plaintiff, on the day of suing out his summons, made the affidavit required by section 177 of the Code of Civil Procedure before an acting deputy of the clerk of the superior court of Richmond county, who endorsed thereon an order directed to the sheriff requiring him to take possession of the property described in the affidavit and deliver it to the plaintiff. The seizure was made and the cotton, the property claimed, redelivered to the defendant on his…

1Opinion of the CourtSmith, C. J.

While no case accompanies the record and there is no specific assignment of error in the transcript, nor the grounds for the vacating of the or’der given, we are restricted to an examination of the judgment itself and an inquiry into its correctness.

But a single point is presented in the appeal (and to this the argument before us was directed) to-wit, the character of the act, whether judicial or ministerial. If the former, the authority conferred upon the clerk to issue the order is personal to the office and incapable of delegation to another; if the latter, the deputy was as competent as…

2Cases cited1 opinion

  1. State v. . SneedSupreme Court of North Carolina · 1881

3Cited by4 opinions

  1. White v. . ConnellySupreme Court of North Carolina · 1890
  2. Piland v. . TaylorSupreme Court of North Carolina · 1893
  3. Evans v. . EtheridgeSupreme Court of North Carolina · 1887
  4. Beck v. VoncannonSupreme Court of North Carolina · 1953

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