Greenlee v. . Sudderth
Supreme Court of North Carolina
This was a civil aefion brought by the plaintiff against the late Clerk of the Superior Court of Burke County on his official bond, and was tried before his Honor, Judge Mitchell, and a jury, at the Fall Term, 1870, of Bukke Superior Court. The facts developed by the testimony were these: The plaintiff recovered judgment at August Term, 1861, of Supreme Court against one McKesson for about $1,700 and interest.
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This was a civil aefion brought by the plaintiff against the late Clerk of the Superior Court of Burke County on his official bond, and was tried before his Honor, Judge Mitchell, and a jury, at the Fall Term, 1870, of Bukke Superior Court. The facts developed by the testimony were these: The plaintiff recovered judgment at August Term, 1861, of Supreme Court against one McKesson for about $1,700 and interest. Execution issued thereon for $1,848.34, with interest on $1,486 from 22d November, 1860, returnable to Fall Term, 1861, of Burke Superior Court. No other execution was ever issued. On…
1Opinion of the CourtReade, J.
The plaintiff obtained judgment in the Supreme' Court* in a suit against McKesson, and others; and- McKesson paid to the Clerk of Burke .Superior Court, the present defendant, §52000, and the Clerk gave McKesson a receipt for that; amount as paid upon the plaintiff’s execution against McKesson. The payment was on, 5th April, 1862, in Confederate treasury notes, and was endorsed upon the execution “ paid, — see execution .docket.” The execution docket was afterwards destroyed by accident.
1. The first allegation urged against the liability of the-Clerk and his sureties, is that the execution on…
2Cited by4 opinions
- Smith v. Patton.Supreme Court of North Carolina · 1902
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873
- Keener v. FingerSupreme Court of North Carolina · 1874
- Utley v. . YoungSupreme Court of North Carolina · 1873