Peebles v. . Newsom
Supreme Court of North Carolina
Civil Action to recover the penalty against a sheriff under the statute, for making a false return, tried before Watts J. at January Term, 1876, of Nobthamptoñ Superior Court.
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Civil Action to recover the penalty against a sheriff under the statute, for making a false return, tried before Watts J. at January Term, 1876, of Nobthamptoñ Superior Court. The complaint alleged: That at June Term, 1872, of the Supreme Court, judgment was rendered in an action in said court in favor of the State of North Carolina on the relation of W. R. Cox, Solicitor, to the use of M. F. Peebles against N. Peebles and others, for the sum of $15,337.28. On the 12th of October, 1872, execution issued upon said judgment against the property of said defendant, which execution was directed…
1Opinion of the CourtRjsade, J.
We decide the case against the defendant with reluctance, because he is only charged with u false return ” in endorsing the date when money was collected tinder execution as 6th January, when in fact it was not collected until some ten days after. This, although untrue in fact, is consistent until mistake or inadvertence. And, coupled with the fact that no fraud is charged, and especially with the fact that the amount collected was the amount returned, so that he was in no way benefitted ; it seems to be a hardship to put upon him a penalty of $500. If it had been charged that he did it de…
2Cited by6 opinions
- Finley v. . HayesSupreme Court of North Carolina · 1879
- Crowder v. JenkinsCourt of Appeals of North Carolina · 1971
- Stealman v. . GreenwoodSupreme Court of North Carolina · 1893
- Williams v. . WeaverSupreme Court of North Carolina · 1888
- Harrell v. . WarrenSupreme Court of North Carolina · 1888
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