Jones v. . Alsbrook
Supreme Court of North Carolina
This was AN ACTION for damages by plaintiff against B. I. Alsbrook, Sheriff of Halifax County, and his co-defendants, sureties upon his official bond, for failure and refusal to set apart her personal property exemption in the chattels described in the complaint heard before Graves, J., and a jury, at the March Term, 1894, of the Superior Court for Halifax County.
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This was AN ACTION for damages by plaintiff against B. I. Alsbrook, Sheriff of Halifax County, and his co-defendants, sureties upon his official bond, for failure and refusal to set apart her personal property exemption in the chattels described in the complaint heard before Graves, J., and a jury, at the March Term, 1894, of the Superior Court for Halifax County. The plaintiff tendered these issues: “ 3. Was the plaintiff a resident of North Carolina when the levy was made ? “ 2. What damage has plaintiff sustained ? ” The defendants tendered this issue: “ Was the plaintiff a resident of…
1Opinion of the Court
MacRae, J.:
It is a resident of this State who is entitled under Article X, section 1, of the Constitution, to have his personal property, to the value of $500, exempted from sale under execution. To carry out this provision of the Constitution, section 507 of The Code was enacted, under the provisions of which section, whenever the personal property of any resident of this State shall be levied upon, and the owner shall demand that the same, or any part thereof, “shall be exempt from sale under such execution,” appraisers are provided to lay off the exemption, “which articles shall be exempt…
2Cases cited5 opinions
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Fulton v. RobertsSupreme Court of North Carolina · 1893
- Lee v. MoseleySupreme Court of North Carolina · 1888
- State Ex Rel. McD. Pate & Co. v. HarperSupreme Court of North Carolina · 1886
- Winburne v. BryanSupreme Court of North Carolina · 1875
3Cited by6 opinions
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Fulton v. . RobertsSupreme Court of North Carolina · 1893
- Gardner v. . McConnaugheySupreme Court of North Carolina · 1911
- In Re FosterUnited States Bankruptcy Court, E.D. North Carolina · 2006
- First Union National Bank v. RolfeCourt of Appeals of North Carolina · 1988
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