Dawson v. . Grafflin
Supreme Court of North Carolina
Civil. Action commenced before a justice of the peace and tried on appeal at November Special Term, 1880, of Halifax Superior Court, before Graves, J. The case was submitted to the judgment of the superior court upon a state of facts in substance as follows: Three writs of fieri facias were duly issued on the 4th day of December, 1878, in each of which R. H. Smith was a party defendant, and on the 7th of the month next after, the plaintiff as sheriff levied the same on the…
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Civil. Action commenced before a justice of the peace and tried on appeal at November Special Term, 1880, of Halifax Superior Court, before Graves, J. The case was submitted to the judgment of the superior court upon a state of facts in substance as follows: Three writs of fieri facias were duly issued on the 4th day of December, 1878, in each of which R. H. Smith was a party defendant, and on the 7th of the month next after, the plaintiff as sheriff levied the same on the “river plantation” of said Smith, and notified him thereof. Thereupon, and before advertisement of sale, the several…
1Opinion of the CourtDillard, J.
The only question for our determination is as to the legal sufficiency of the agreed facts to warrant the judgment which was given.
Under the act of 1784, a sheriff was allowed Wo and a half per centum commissions for executing an execution against the body or goods, which in practice with us extended to lands also. And a question arose in the case of Matlock v. Gray, 4 Hawks, 1, whether the sheriff was entitled to commissions, he having levied the fi. fa. and been stopped from selling by the plaintiff therein, who had privately received the amount thereof from the judgment debtor after the…
2Cases cited1 opinion
- Willard v. . SatchwellSupreme Court of North Carolina · 1874
3Cited by7 opinions
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- State ex rel. Thompson v. PrinceWashington Supreme Court · 1894
- Coleman v. RossOregon Supreme Court · 1887
- Smith v. . FrazierSupreme Court of North Carolina · 1896
- Berry, Sheriff v. KieferSupreme Court of Oklahoma · 1913
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