Thompson v. . Berry
Supreme Court of North Carolina
Scire facias to enforce a judgment nisi, tried before Buxton, J., at the Special Term of Iredell Court, July 1869. At February Term 1868 of the County Court of Iredell county, the plaintiff recovered judgment against Avery and Tate; a fi. fa. tested of that term was issued to the defendant, who was Sheriff of Burke, and by him was levied on certain lands and returned.
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Scire facias to enforce a judgment nisi, tried before Buxton, J., at the Special Term of Iredell Court, July 1869. At February Term 1868 of the County Court of Iredell county, the plaintiff recovered judgment against Avery and Tate; a fi. fa. tested of that term was issued to the defendant, who was Sheriff of Burke, and by him was levied on certain lands and returned. At May Term 1868, a vend. exp. issued to the defendant, upon which he returned, that it came to hand too late to be executed. In June 1868, the County Courts were abolished by the adoption of the Constitution of that year, and…
1Opinion of the CourtEodmak, J.
It was not contended, and we think cannot be, that so much of section 17 of chap. 10, Rey. Code, as authorizes the amercement of Sheriffs for failing to make due return of process, has been repealed. Section 263 O. O. P. expressly continues in force previous laws respecting the duties and liabilities of Sheriffs on executions, 'and the proceedings to enforce them, when not inconsistent with the Code, as also does section 854. See McKethan v. Terry, at this term.
The Superior Court of Iredell therefore had jurisdiction to give the judgment nisi on motion: Whether sufficient ground existed for…
2Cases cited1 opinion
- Johnson v. . JuddSupreme Court of North Carolina · 1869
3Cited by2 opinions
- Francks v. . SuttonSupreme Court of North Carolina · 1882
- Jones v. . GuptonSupreme Court of North Carolina · 1871