Legal Opinion

Watt v. . Johnson

Supreme Court of North Carolina

Decided December 5, 1856PublishedCited by 2 opinions

This was an action of debt, tried before PersoN, Judge, at the Pall Term, 1856, of Chatham Superior Court. The declaration was against the defendant Johnson and his sureties, on the bond of the former, as sheriff of Cumberland. The breach alleged was, for failing to levy an execution on property liable to the debt.

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This was an action of debt, tried before PersoN, Judge, at the Pall Term, 1856, of Chatham Superior Court. The declaration was against the defendant Johnson and his sureties, on the bond of the former, as sheriff of Cumberland. The breach alleged was, for failing to levy an execution on property liable to the debt. It appeared that on the 2nd day of January, 1852, an execution, in favor of the plaintiff, against Talliaferro Hunter and Solomon McCullough, was put into the hands of the sheriff, on a judgment that had been rendered against them at the December Term, 1851, of Cumberland County…

1Opinion of the CourtBattle, J.

The counsel for the defendants have, in their argument here, placed their defense upon two grounds :

First. That the execution wbicb came to Johnson’s hands, being upon a j udgment against one partner for his individual debt, did not relate back to its testa so as to prevent one of the other partners from assigning the partnership effects in satisfaction of partnership debts.

Secondly. That the defendant, as sheriff, was not bound— at least not without an indemnity — to levy the execution upon goods which were not in the possession of the defendant therein, but in that of another person, who…

2Cited by2 opinions

  1. Brasfield v. . WhitakerSupreme Court of North Carolina · 1826
  2. Jones v. . JudkinsSupreme Court of North Carolina · 1838

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