Piedmont Manufacturing Co. v. Buxton
Supreme Court of North Carolina
Appeal from order of MacRae, J., made at January Term, 1889, of Northamptok Superior Court, permitting a Sheriff to amend his return on an execution in an action against him for penalties on the said return, for being false and not “due and proper.”
1Opinion of the Court
Clark, J.:
This is an action brought against the Sheriff upon his official bond for a return upon an execution in favor of relator against one J. D. Boone, as follows: “ No property to be found in my county, claimed by defendant, subject to execution.” The complaint allege s, as a first cause of action, that this was .not “ a due and proper return,” and a second cause of action, that the “ return was false in fact,” and judgment is demanded for penalty of $100 on first cause of action, and $500 on second cause of action, both “ as imposed by The Code, §2079.” The defendant Sheriff, in his…
2Cases cited3 opinions
- Turrentine v. . Richmond Danville RailroadSupreme Court of North Carolina · 1885
- Hinson v. . AdrianSupreme Court of North Carolina · 1884
- Harrell v. . WarrenSupreme Court of North Carolina · 1888
3Cited by14 opinions
- State Ex Rel. Herring v. PughSupreme Court of North Carolina · 1900
- Union Bank of Richmond v. Board of CommissionersSupreme Court of North Carolina · 1895
- Crowder v. JenkinsCourt of Appeals of North Carolina · 1971
- Farr v. Babcock Lumber Co.Supreme Court of North Carolina · 1921
- Hutchings v. Royal BakeryOregon Supreme Court · 1911
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