Legal Opinion

J. F. Gore v. . M. Mastin

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 6 opinions

This was a civil action tried before Cloud, Judge, at Spring Term 1871, of Forsythe Superior Court. Plaintiff complained that the defendant had- wrongfully taken a mule out of his possession and sold it. ¡ The defendant, who was the sheriff ot Forsythe county, admitted the taking, but justified the seizure, viz : that he had seized the mule under a distraint for taxes due from the plaintiff, and which had been assessed by the justices of said county, under the charter of the…

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This was a civil action tried before Cloud, Judge, at Spring Term 1871, of Forsythe Superior Court. Plaintiff complained that the defendant had- wrongfully taken a mule out of his possession and sold it. ¡ The defendant, who was the sheriff ot Forsythe county, admitted the taking, but justified the seizure, viz : that he had seized the mule under a distraint for taxes due from the plaintiff, and which had been assessed by the justices of said county, under the charter of the N. W. N. C. R. R. Co. The defendant offerred in evidence a book containing the amount of taxes due from the tax-payers…

1Opinion of the CourtBoydeN, J.

Under our former system, it was jmade the duty of the County Court, at the first session held after the first day of April, annually to appoint for each captain’s district a Justice of the Peace to take a list of the taxable property. Rev. Code, ch. 99, sec. 58. This list taken by the Justice, of taxables, was to be returned to the Clerk of the County Court at the next term after the time prescribed for taking the list. see. 66, same chap.: and the Clerk of the Court was directed, on or before the 1st day of April, in the year ensuing- the taking of the lists, to deliver to the Sheriff of the…

2Cited by6 opinions

  1. State v. Georgia Co.Supreme Court of North Carolina · 1893
  2. Guilford v. . Georgia Co.Supreme Court of North Carolina · 1893
  3. Bird v. PerkinsMichigan Supreme Court · 1875
  4. Clifton v. . WynneSupreme Court of North Carolina · 1879
  5. Mathews v. DensmoreMichigan Supreme Court · 1880

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