Legal Opinion

Ellington, Royster & Co. v. Wicker

Supreme Court of North Carolina

Decided October 15, 1882PublishedCited by 10 opinions

MotioN under section 133 of the Code, to set aside judgment, heard at January Term, 1882, of Wake Superior Court, before Gilmer, J. The plaintiffs appealed.

1Opinion of the CourtSmith, C. J.

The plaintiffs bring their action upon the official bond of defendant, Wicker, former sheriff of Moore county, against him and the other defendants, his sureties to recover damages alleged to have been sustained by his neglect, and the penal sum of $500, incurred for a false return. The summons was issued returnable to fall term of Wake superior court, 1881, which began on the 8th day of August, previous to which the complaint had been filed in the clerk’s office, and the process was duly returned with service accepted by the principal defendant and some of the sureties, and was not served…

2Cases cited2 opinions

  1. Wynne v. . PrairieSupreme Court of North Carolina · 1882
  2. Depriest v. . PattersonSupreme Court of North Carolina · 1881

3Cited by10 opinions

  1. Sutherland v. McLeanSupreme Court of North Carolina · 1930
  2. Sutherland v. . McLeanSupreme Court of North Carolina · 1930
  3. Schiele v. . Insurance Co.Supreme Court of North Carolina · 1916
  4. Gwathney v. . SavageSupreme Court of North Carolina · 1888
  5. Wiley v. . LoganSupreme Court of North Carolina · 1886

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