Badham v. . Jones
Supreme Court of North Carolina
Civil Action upon a Clerk’s bond, tried before Pool, J.y at Spring Term 1870 of Chowan Court. The facts on 'which it was sought to recover upon the bond of the defendant Jones, as Clerk of Chowan Superior Court, were, that at Spring Term 1807 of that Court, the plaintiff had obtained a judgment for money against one Leary; that the Clerk had fwiled to issue an execution therefor for two terms afterwards; and, that in the meantime Leary had become insolvent.
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Civil Action upon a Clerk’s bond, tried before Pool, J.y at Spring Term 1870 of Chowan Court. The facts on 'which it was sought to recover upon the bond of the defendant Jones, as Clerk of Chowan Superior Court, were, that at Spring Term 1807 of that Court, the plaintiff had obtained a judgment for money against one Leary; that the Clerk had fwiled to issue an execution therefor for two terms afterwards; and, that in the meantime Leary had become insolvent. It appeared that after the entry of judgment upon the docket were the words u Issue execution also, that the plaintiff had never demanded…
1Opinion of the CourtEeade, J.
By the provisions of the Eevised Code, chap. 45, sec. 29, it was the duty of Clerks of Courts to issue executions, unless otherwise directed by the plaintiff, within six weeks from the rendition of the judgment. Under that" statute the Clerk would have been liable for not issuing executions in this case. But the ordinance of June 23d 1866, entitled “ An ordinance to change the jurisdiction of the Courts,” &c., forbids any fi. fa. or ven. ex. to issue from Spring Term 1867, without permission from the Court. This clearly repeals the statute, which made it the duty of the Clerk to issue it…
2Cited by5 opinions
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