Bryan v. . Hubbs
Supreme Court of North Carolina
Motion for judgment nisi, heard by Clarke, J., at the Spring Term, 1873, of Craven Superior Court. Defendant was sheriff of Craven county, and received on the 4th day of March, 1873, an. execution in favor of the plaintiff, against one William Foy,. returnable to the Spring Term, 1873, of the Superior Court, which commenced on the 24th day of March, 1873. This motion is for a judgment nisi against the sheriff, the defendant, Hubbs, for failing to make a “ due return.”
Read the full summary
Motion for judgment nisi, heard by Clarke, J., at the Spring Term, 1873, of Craven Superior Court. Defendant was sheriff of Craven county, and received on the 4th day of March, 1873, an. execution in favor of the plaintiff, against one William Foy,. returnable to the Spring Term, 1873, of the Superior Court, which commenced on the 24th day of March, 1873. This motion is for a judgment nisi against the sheriff, the defendant, Hubbs, for failing to make a “ due return.” The return made on the execution is in the following words: “ The within execution stayed by order of J. Edwin West, clerk of…
1Opinion of the CourtRodman, J.
The defendant contends that the execution was void, and imposed no duty on him to make a return.
I. Because there was only twenty days, or less, from the issue to the return day.
Answer. A sheriff is bound to obey every process (not. void) which comes to his hands, as far as he lawfully can. He is therefore bound to return every such process with a statement of his action under it, and if he has not completely obeyed it, with a lawful reason for his omission. It is true that in this case the defendant could not have sold the lands of the defendant, because an advertisement of thirty days was…
2Cited by12 opinions
- Wade v. . City of NewbernSupreme Court of North Carolina · 1875
- Walton v. . McKessonSupreme Court of North Carolina · 1888
- Harrell v. . PeeblesSupreme Court of North Carolina · 1878
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Williams v. . WeaverSupreme Court of North Carolina · 1886
7 more not listed; retrieve them via the Exa API.