Bryan v. Commissioners of Edgecombe
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1880, of Edgecombe Superior Court, before Qudger, J. This is an appeal from a justice’s judgment, tried upon the following state of facts agreed upon by the counsel of both parties, via: the plaintiff is, and was- at the time of matters herein set forth, sheriff of Edgecombe eounty, and-as such, by order of the court, at February term, 1879-, of the inferior court of said county, summoned seventy-four tales-jurors and1 others at different…
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Civil Action tried at Spring Term, 1880, of Edgecombe Superior Court, before Qudger, J. This is an appeal from a justice’s judgment, tried upon the following state of facts agreed upon by the counsel of both parties, via: the plaintiff is, and was- at the time of matters herein set forth, sheriff of Edgecombe eounty, and-as such, by order of the court, at February term, 1879-, of the inferior court of said county, summoned seventy-four tales-jurors and1 others at different times. Before this action was brought, the plaintiff presented his- accou nt to the defendants and they refused- to audit…
1Opinion of the CourtAshe, J.
There is no law prescribing the fees of sheriffs for summoning jurors, except that which is found in Battles’s Revisal, ch. 105, § 21, sub. § 18, which provides that sheriffs shall have for “ summoning a grand or petit jur}% for each man summoned, thirty cents, and ten cents for each person summoned on a special venire.” There is no provision now, and none is to be found in the Revised Statutes or the Revised Code, giving sheriffs compensation for the service of summoning tales-jurors. This is one of the many gratuitous services expected to be performed by sheriffs. The legislature, no doubt,…
2Cited by1 opinion
- Newton v. . FisherSupreme Court of North Carolina · 1887