State v. J. F. Scott.
Supreme Court of North Carolina
INDICTMENT against J. E. Scott, beard by Judge B. F'. Long and a jury, at tbe August Term, 1906, of tbe Superior Court of EbaNKLIN. Tbe defendant was indicted for an assault on Johnson Smith. It appears that two mules bad been attached by tbe Sheriff in tbe suit of I. U. Kearney v. J. F. Scott, and by him delivered to Kearney as bis agent or bailee.
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INDICTMENT against J. E. Scott, beard by Judge B. F'. Long and a jury, at tbe August Term, 1906, of tbe Superior Court of EbaNKLIN. Tbe defendant was indicted for an assault on Johnson Smith. It appears that two mules bad been attached by tbe Sheriff in tbe suit of I. U. Kearney v. J. F. Scott, and by him delivered to Kearney as bis agent or bailee. Tbe jury returned a special verdict, from which we make tbe following extract: “In July, 1906, Richard Perry, by order of Kear-ney, harnessed tbe mules to a wagon, and together with Johnson Smith started to haul lumber. Tbe wife and sister of tbe…
1Opinion of the Court
Walker, J.,
after stating the case: Whether Kearney, as bailee of the Sheriff, had the right to use the property, and if he did use it or permit it to be used in the manner described in the special verdict, whether the officer thereby lost his special property in the mules so that the defendant could thereafter retake them, are questions we prefer not to discuss, as the case can well be decided upon another ground which clearly sustains the judgment of the Court. The rights and duties of a sheriff with respect to property in his custody by virtue of a levy under attachment are considered in 1…
2Cases cited10 opinions
- State v. DanielSupreme Court of North Carolina · 1904
- State v. . BrandonSupreme Court of North Carolina · 1862
- State v. . TaylorSupreme Court of North Carolina · 1880
- State v. GoodeSupreme Court of North Carolina · 1902
- State v. . MorganSupreme Court of North Carolina · 1842
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3Cited by6 opinions
- State v. MillerSupreme Court of North Carolina · 1966
- State v. . SpruillSupreme Court of North Carolina · 1945
- Brown Ex Rel. Brown v. MartinezNew Mexico Supreme Court · 1961
- State v. LeeSupreme Court of North Carolina · 1962
- Curlee v. . ScalesSupreme Court of North Carolina · 1931
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