Turlington v. . Aman
Supreme Court of North Carolina
Appeal by plaintiffs from O'. II. Allen, J., at August Term, 1913, of SampsoN. This is a motion for' execution against the person of the defendant, based on the following facts: ’ A. W. Aman was sheriff •of Sampson County in 1901, 1903, and 1905, and he was also, by virtue of his office, the treasurer of the county. He gave bond for the performance of his official duties, the collection of State and county taxes among them, with plaintiff and others as his sureties.
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Appeal by plaintiffs from O'. II. Allen, J., at August Term, 1913, of SampsoN. This is a motion for' execution against the person of the defendant, based on the following facts: ’ A. W. Aman was sheriff •of Sampson County in 1901, 1903, and 1905, and he was also, by virtue of his office, the treasurer of the county. He gave bond for the performance of his official duties, the collection of State and county taxes among them, with plaintiff and others as his sureties. In January, 1907, having defaulted, he executed a deed of assignment for the benefit of his creditors, and fled from the State.…
1Opinion of the Court
WalKER, J.,
after stating the case: There are three kinds of executions; one which is issued against the property of the debtor, another against'his person, and still another for the delivery of the possession of real or personal property, or for such delivery with damages, for unlawfully withholding the same. Revisal, sec. 616. An execution against the person of. the debtor may be issued, after the return of an execution against hjs property unsatisfied, if the action be one in which the defendant might have been arrested. Section 625. Turning to the provisions in regard to arrest and bail,…
2Cases cited8 opinions
- Hull v. MyersSupreme Court of Georgia · 1893
- Smith v. . KnappNew York Court of Appeals · 1864
- Elwood v. . GardnerNew York Court of Appeals · 1871
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Ledford v. EmersonSupreme Court of North Carolina · 1906
3 more not listed; retrieve them via the Exa API.
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- Ledford v. . EmersonSupreme Court of North Carolina · 1906