Swain v. . Phelps
Supreme Court of North Carolina
MotioN to amerce W. G.Burden,Sheriff of Bertie County, for failure to serve the summons on the defendant returnable to February Term, 1898 — the motion was made,upon notice, returnable to February Term, 1899, at which term judgment nisi was entered, and scire facias ordered returnable to September Term, 1899, when the rule was heard before Bowman, ■J., and discharged. The plaintiff excepted and appealed. The reasons influencing his Honor are stated in the opinion.
1Opinion of the CourtClark, J.
The sheriff to whom the summons issued returned it “served,” and was sued for the $500 penalty for false return. The Court permitted him, for the reasons set out in bis affidavit, to amend this return and the power of the court below to allow the amendment was sustained on appeal. Swain v. Burden, 124 N. C., 16.
The return as amended sets out that the summons was sent by the deputy sheriff by mail to a Justice of the Peace who road the same to the defendant therein named. This action is for the $100 penalty for failure to serve process. This presents a different question from the power in the…
2Cases cited7 opinions
- Finley v. . HayesSupreme Court of North Carolina · 1879
- Swain v. . BurdenSupreme Court of North Carolina · 1899
- Hathaway v. . FreemanSupreme Court of North Carolina · 1846
- Camp v. HomesleySupreme Court of North Carolina · 1850
- Houser v. . HamptonSupreme Court of North Carolina · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lassiter v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1900
- Morrissey v. CarterSupreme Court of Oklahoma · 1924
- Lee v. DolanNorth Dakota Supreme Court · 1916
- BROGDEN PRODUCE COMPANY v. StanleySupreme Court of North Carolina · 1966
- Williams v. WilliamsCourt of Appeals of North Carolina · 1994
2 more not listed; retrieve them via the Exa API.