Hathaway v. . Freeman
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Chowan County, at the Fall Term, 1846, his Honor Judge Pearson, presiding. This is an action of debt for the penalty of $100. under the act of 1777, Rev. St. ch. 31, see. 43, against a Sheriff for not marking, on a writ of capias ad respondendum, the day on which he received it.
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Appeal from the Superior Court of Law of Chowan County, at the Fall Term, 1846, his Honor Judge Pearson, presiding. This is an action of debt for the penalty of $100. under the act of 1777, Rev. St. ch. 31, see. 43, against a Sheriff for not marking, on a writ of capias ad respondendum, the day on which he received it. It was proved on the trial that the. writ was delivered to the defendant in his County on the 23rd day of March, 1843; and that he failed to mark -it on the writ, but stated thereon, that it came to hand the 3rd of April, 1843. Upon these facts, the counsel for the defendant…
1Opinion of the CourtRuffin, C. J.
The case is within both the words and policy of the Act of 1777, and the judgment is clearly right. The only authority cited for the defendant is a ease from New York, Spafford v. Hood, 6 Cowen 478 ; .and that has no application to this question. The Court held in that case, that, upon the whole scope of the statute on which the action was founded, it was directed against persons chosen to certain onerous offices, who refused to serve in them, and not against particular defaults of one in office; and that was the ground of the decision. It would be in point, if this action had been brought on…
2Cited by3 opinions
- Swain v. . PhelpsSupreme Court of North Carolina · 1899
- BROGDEN PRODUCE COMPANY v. StanleySupreme Court of North Carolina · 1966
- Person v. . NewsomSupreme Court of North Carolina · 1882