Stealman v. . Greenwood
Supreme Court of North Carolina
Action tried at Spring Term, 1893, of Wilicics Superior Court, before Boyhin, J., and a jury. Plaintiff’s action was for an alleged false return made by defendant Sheriff for the penalty of $500, prescribed by statute.
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Action tried at Spring Term, 1893, of Wilicics Superior Court, before Boyhin, J., and a jury. Plaintiff’s action was for an alleged false return made by defendant Sheriff for the penalty of $500, prescribed by statute. Plaintiff introduced in evidence a judgment of a Justice of the Peace, duly docketed in the Superior Court in a cause entitled Burnett Stealman v. Joel Church, in which it was adjudged that the plaintiff recover of the defendant the sum of $7.50 and interest and costs, etc. Plaintiff also introduced an execution issued upon the aforesaid judgment, commanding the Sheriff to…
1Opinion of the Court
MacRae, J.:
Plaintiff’s counsel readily concede the power of the Court to allow the amendment, but they deny that its effect is to discharge any part of the penalty, especially the part thereof which is said to belong to the plaintiff. They contend most strenuously that the Court has no right to “purge the vice” of the false return and discharge the penalty after the popular action becomes a private one of plaintiff by reason of his bringing suit. The authorities cited by the learned counsel for the plaintiff seem to establish the position that popular actions can only be barred, after suit…
2Cases cited5 opinions
- Finley v. . HayesSupreme Court of North Carolina · 1879
- Patton v. MarrSupreme Court of North Carolina · 1853
- Peebles v. . NewsomSupreme Court of North Carolina · 1876
- Hassell v. . LathamSupreme Court of North Carolina · 1860
- Albright v. . TapscottSupreme Court of North Carolina · 1862
3Cited by6 opinions
- Crowder v. JenkinsCourt of Appeals of North Carolina · 1971
- Swain v. . BurdenSupreme Court of North Carolina · 1899
- State v. . LewisSupreme Court of North Carolina · 1919
- Campbell v. . SmithSupreme Court of North Carolina · 1894
- Rollins v. GibsonSupreme Court of North Carolina · 1977
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