State Ex Rel. Cook v. Smith
Supreme Court of North Carolina
Civil action, heard on complaint and demurrer, before Greene, J., at April Term, 1896, of Cumberland Superior Court. The complaint was as follows: “1st. That on the 20th day of May, 1891, A. Mclver and A. B. Mclver made, executed and delivered to the plaintiff and John.
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Civil action, heard on complaint and demurrer, before Greene, J., at April Term, 1896, of Cumberland Superior Court. The complaint was as follows: “1st. That on the 20th day of May, 1891, A. Mclver and A. B. Mclver made, executed and delivered to the plaintiff and John. S. Mclver a deed of assignment whereby and wherein they conveyed to them in trust, and for the purposes therein mentioned, all the goods, wares and merchandise, property and effects, as fully described and set out in said deed, which was recorded in said county on the 20th day of May, 1891, in Book R, No 4, Pages 207-8-9 and…
1Opinion of the Court
Clark, J.:
The defendant Thornton having, as the demurrer admits pro hao vice, directed, caused and procured the sheriff -wrongfully and illegally to seize and sell the goods of the plaintiff, said Thornton giving the sheriff an indemnifying bond to induce him to make the seizure and sale, and having received from the sheriff the proceeds of such illegal sale, is liable to the plaintiff*. The sheriff is also liable for the same acts, and is properly joined with Thornton, since the liability “ arises out of the same transaction ” and is expressly provided for by The Code, Sec. 267 (1), and the…
2Cases cited6 opinions
- Benton v. . CollinsSupreme Court of North Carolina · 1896
- M. Pretzfelder & Co. v. Merchants' InsuranceSupreme Court of North Carolina · 1895
- King v. . FarmerSupreme Court of North Carolina · 1883
- Heggie v. . HillSupreme Court of North Carolina · 1886
- State Ex Rel. Commissioners of Warrenton v. ArringtonSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hough v. Southern Railway Co.Supreme Court of North Carolina · 1907
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Barkley v. McClung Realty Co.Supreme Court of North Carolina · 1937
11 more not listed; retrieve them via the Exa API.