Currie v. . Worthy
Supreme Court of North Carolina
This was an action of debt against the defendant, who was lately the sheriff of Moore County, for an escape, tried at the Bpring term, 1856, of the Superior Court of that County, before bis Honor, Judge Caldwell.
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This was an action of debt against the defendant, who was lately the sheriff of Moore County, for an escape, tried at the Bpring term, 1856, of the Superior Court of that County, before bis Honor, Judge Caldwell. The plaintiff bad obtained a judgment, at the J uly Session, 1849, of the Comity Court, against one John M. Currie, upon which he took out a capias ad satisfaciendum and had him arrested, and the latter gave bond for his appearance, ununder the act for the relief of insolvents. At tbe return term of the ca. sa. an issue of fraud was made up and tried, which issue was determined…
1Opinion of the CourtPearson, J.
Where there is a voluntary escape, the sheriff is guilty of a wilful tort and breach of duty, whereby he becomes liable under- the statute for the amount “ mentioned in the execution, and damages for detaining the same.” If the creditor afterwards receives his money from the debtor, this extinguishes his cause of action, and of course he cannot look to the sheriff and have the debt paid a second time. But it is insisted, that if the creditor endeavors to make the money out of the debtor, by “ affirming” him in execution and forcing him to discharge his body under the insolvent laws, although…
2Cases cited3 opinions
- Rawson v. DoleNew York Supreme Court · 1807
- Thomas v. WeedNew York Supreme Court · 1817
- Manning v. DowningNew York Supreme Court · 1807
3Cited by1 opinion
- State v. ClarkCourt of Appeals of North Carolina · 2004