Person v. . Newsom
Supreme Court of North Carolina
Amercement of sheriff — Motion of plaintiff to make judgment nisi absolute, beard at January Special Term, 1882, of NortiiamptoN Superior Court, before Graves, J. On the 17th .of October, 1878, execution issued on a judgment recovered in the said court by the plaintiff against tiie Seaboard and Roanoke railroad company, and was delivered to the defendant, then sheriff, returnable to the next ensuing term, which began on the 4th Monday after the 1st Monday in March.
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Amercement of sheriff — Motion of plaintiff to make judgment nisi absolute, beard at January Special Term, 1882, of NortiiamptoN Superior Court, before Graves, J. On the 17th .of October, 1878, execution issued on a judgment recovered in the said court by the plaintiff against tiie Seaboard and Roanoke railroad company, and was delivered to the defendant, then sheriff, returnable to the next ensuing term, which began on the 4th Monday after the 1st Monday in March. The writ not having been returned, the plaintiff, on the 12th of April, 1879, the last day of the term, moved the court and…
1Opinion
The facts before us upon this appeal are similar to those in Person v.Newsom, ante, 142, differing in that the return here made is simply, "satisfied," and without explanation.
Besides the objection pointed at the delay, the plaintiff insists that the return is insufficient in law in not further stating what disposition has been made of the fund.
In Davis v. Lancaster, 5 N.C. 255, where the sheriff made a similar return upon an execution in his hands, and the proceeding was to amerce him under the act of 1777, it was declared he had not incurred the penalty. This construction of the act is…
2Cases cited3 opinions
- Hathaway v. . FreemanSupreme Court of North Carolina · 1846
- Davis v. LancasterSupreme Court of North Carolina · 1809
- Cockerham v. . BakerSupreme Court of North Carolina · 1859