Winburne v. Bryan
Supreme Court of North Carolina
Civil actioN for damages, tried before Moore, J., at July Term, 1874, Edgeoohbe Superior Court. The plaintiff alleged that on the 15th day of February, 1878, Stern & Goodman obtained a judgment against him, before a Justice of the Peace, for $18.25 and -cost. On the 15th of February, 1873, a fi. fa. was issued on said judgment, and delivered to the defendant, who was then the duly elected and qualified sheriff of Edgecombe county.
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Civil actioN for damages, tried before Moore, J., at July Term, 1874, Edgeoohbe Superior Court. The plaintiff alleged that on the 15th day of February, 1878, Stern & Goodman obtained a judgment against him, before a Justice of the Peace, for $18.25 and -cost. On the 15th of February, 1873, a fi. fa. was issued on said judgment, and delivered to the defendant, who was then the duly elected and qualified sheriff of Edgecombe county. On the 20th day of April, 1873, defendant offered for sale under said execution a portion of the real estate of plaintiff, to-wit: a lot in the town of Tarboro.…
1Opinion of the CourtPeaRSON, C. J.
The defendant was in default, by failing to give the written notice which the law made it his duty to give, and the plaintiff was entitled to be indemnified for all loss he had suffered by reason of this default.
We cannot concur with his Honor in the opinion that the plaintiff was only entitled to nominal damages unless he proved that the property sold for less than it would have sold for, if the notice had been given. Hon constat, that the property would have been sold if the defendant had performed the duty required of him by law. On the contrary it is almost *51an irresistible inference from…
2Cited by2 opinions
- State v. . GradySupreme Court of North Carolina · 1880
- Jones v. . AlsbrookSupreme Court of North Carolina · 1894