Hassell v. . Latham
Supreme Court of North Carolina
Action of debt, tried before Howard, J., at the last Spring Term of Craven Superior Court. The action was brought against the defendant for making a false return as sheriff, on a declaration in -ejectment, retnrnaable on the second Monday of March, 1859, the return day of the next County Court. It appeared that, the paper in question, was received on the 8th day of March, 1859, and the defendant, as sheriff, endorsed thereon, truly, the day of its coming to hand.
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Action of debt, tried before Howard, J., at the last Spring Term of Craven Superior Court. The action was brought against the defendant for making a false return as sheriff, on a declaration in -ejectment, retnrnaable on the second Monday of March, 1859, the return day of the next County Court. It appeared that, the paper in question, was received on the 8th day of March, 1859, and the defendant, as sheriff, endorsed thereon, truly, the day of its coming to hand. The return made by him on the said declaration was, “too late to hand.” It appeared, also, that between that day and the return…
1Opinion of the CourtManly, J.
This is an action for the penalty of five hundred dollars, under the provision of our code, which compels the sheriff to make true return of all process to him directed ; Rev. Code, ch. 105, sec. 17.
To subject one to the heavy penalty of the statute, the falsehood must be stated as a fact, and not merely by way. of inference from facts.
An instance of the former kind is found in the case of Lemit v. Freeman, 7 Ired. Rep. 317, where the return was, simply, too late to hand, which was held to be false, when the sheriff was shown to have had it in his hands seventeen days. An instance of the…
2Cited by4 opinions
- Stealman v. . GreenwoodSupreme Court of North Carolina · 1893
- Campbell v. . SmithSupreme Court of North Carolina · 1894
- Little v. . BennettSupreme Court of North Carolina · 1859
- Rollins v. GibsonSupreme Court of North Carolina · 1977