Finley v. . Hayes
Supreme Court of North Carolina
Civil ActioN to recover a Penalty for False Return under Bat. Rev., ch. 106, § 15, tried at Spring Term, 1879, of Wilices Superior Court, before Schench, J. The defendant as sheriff of Wilkes county had in his hands divers executions against J. 0. Martin and Leland Martin returnable to spring term, 1870, of the superior court, and-amongst them the four executions in favor of the plaintiff described in the complaint, and also one in favor of the state for -$23.15, marked as…
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Civil ActioN to recover a Penalty for False Return under Bat. Rev., ch. 106, § 15, tried at Spring Term, 1879, of Wilices Superior Court, before Schench, J. The defendant as sheriff of Wilkes county had in his hands divers executions against J. 0. Martin and Leland Martin returnable to spring term, 1870, of the superior court, and-amongst them the four executions in favor of the plaintiff described in the complaint, and also one in favor of the state for -$23.15, marked as No. 188,and one in favor of John A. Parks for a large debt, marked No. 107, both of older lien to the executions of the…
1Opinion of the CourtDillaed, J.
On the appeal to this court the only matter for our consideration is as to the exceptions for evidence excluded, and to the charge of His Honor given and refused on the subject of false returns.
1. The stringent rule has been adopted in this state, that •every return untrue in fact is a false return within our stat.ute upon the subject of false returns, although the officer may be mistaken in the matter or insert the fact in his return by inadvertence. Albright v. Tapscott, 8 Jones, 473; Peebles v. Newsom, 74 N. C., 473. It is immaterial that the •officer had no selfish purpose to .subserve,…
2Cases cited1 opinion
- Peebles v. . NewsomSupreme Court of North Carolina · 1876
3Cited by12 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Silver Valley Mining Co. v. Baltimore Gold & Silver Mining & Smelting Co.Supreme Court of North Carolina · 1888
- McMillan v. . BaxleySupreme Court of North Carolina · 1893
- Crowder v. JenkinsCourt of Appeals of North Carolina · 1971
- Swain v. . PhelpsSupreme Court of North Carolina · 1899
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