State Ex Rel. Sutton v. Allison
Supreme Court of North Carolina
AotioN of debt upon the official bond of the sheriff of Haywood, tried before his Honor Judge PeesoN, at the last Pall Term of Macon Superior Court. The breach assigned in the declaration was the failure of Allison, the sheriff, to collect a debt of the plaintiff. The plaintiff had in due time placed in the hands of Allison a fieri faeias in his favor, against one Hunter, which was returned by the defendant, that he had “ levied upon a horse and wagon.”
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AotioN of debt upon the official bond of the sheriff of Haywood, tried before his Honor Judge PeesoN, at the last Pall Term of Macon Superior Court. The breach assigned in the declaration was the failure of Allison, the sheriff, to collect a debt of the plaintiff. The plaintiff had in due time placed in the hands of Allison a fieri faeias in his favor, against one Hunter, which was returned by the defendant, that he had “ levied upon a horse and wagon.” The defendant proved by a witness, that the property was not present when the entry was made, but was then in the county of Macon: that…
1Opinion of the CourtPbaesoN, J.
We concur with his Honor, for the reasons given by him, upon both the questions presented in the case. The legal effect of a return, made by the sheriff “ levied upon property of the defendant,” is to preclude the plaintiff from taking any further action, because the judgment is satisfied by the levy, unless the debtor afterwards has the use and benefit of the property: such being its legal effect, and being a solemn official act made on oath, it amounts to an estoppel which, as Lord Corns expresses it, “ shutteth a man’s mouth from speaking the truth.” An officer may sometimes obtain leave…
2Cited by5 opinions
- Scott v. VandiverCourt of Appeals for the Fourth Circuit · 1973
- State v. . WhitakerSupreme Court of North Carolina · 1890
- Luther G. Scott, Jr. v. Harold Vandiver, Sheriff of Abbeville County, South Carolina, and George M. McMahan Supervisor of Abbeville County, South Carolina, Luther G. Scott, Jr. v. Ray McMahanCourt of Appeals for the Fourth Circuit · 1973
- Extraterritorial Effect of the Posse Comitatus Act, Department of Justice Office of Legal Counsel1989
- Red House Furniture Co. v. SmithSupreme Court of North Carolina · 1984