Bates v. . Lilly
Supreme Court of North Carolina
This was a case submitting without an action a question of difference between the parties as tó thé disposition of money in the hands of the Sheriff raised under executions in favor of the respective parties, to Russell, Judge, at the Fall Term, 1870, of Oumbeblajstd Superior Court. His Honor decided the question in favor of some of the parties, -and the others appealed to the Supreme Court.
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This was a case submitting without an action a question of difference between the parties as tó thé disposition of money in the hands of the Sheriff raised under executions in favor of the respective parties, to Russell, Judge, at the Fall Term, 1870, of Oumbeblajstd Superior Court. His Honor decided the question in favor of some of the parties, -and the others appealed to the Supreme Court. From the view taken of the case in that Court, it will be seen that no •other statement is necessary.
1Opinion of the CourtDick, J.
This case is not such a one as is contemplated in the O. O. P., see. 315.
That provision is only applicable to a case where there are jparties to a question in dispute which might be the subject of a civil action in which a judgment might he rendered for one party against the other. The provision is highly beneficial, and was intended to prevent expensive litigation. In this case the parties have no claim — the one against the other; but they may have separate claims against the sheriff, and he is not a party to this controversy.
Where a sheriff has doubts as to the proper application of money…
2Cited by9 opinions
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- Burton v. Durham Realty & InsuranceSupreme Court of North Carolina · 1924
- Waters v. . BoydSupreme Court of North Carolina · 1920
- Fox v. . KlineSupreme Court of North Carolina · 1881
- Millikan v. . FoxSupreme Court of North Carolina · 1881
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