Wasson v. . Linster
Supreme Court of North Carolina
Civil Action removed from Iredell and tried at Spring Term, 1880, of .Wilkes Superior Court, before Buxton, J. The case is that on the 31st day of August, 1869, J. T. Long sued out a summons against R. M. Johnson returnable to spring term, 1870, of the superior court of Iredell, -and at the same time an order of arrest returnable to the elerk’s office on the 3rd day thereafter, both of which were placed in the hands of the plaintiff (then the sheriff of the county) with…
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Civil Action removed from Iredell and tried at Spring Term, 1880, of .Wilkes Superior Court, before Buxton, J. The case is that on the 31st day of August, 1869, J. T. Long sued out a summons against R. M. Johnson returnable to spring term, 1870, of the superior court of Iredell, -and at the same time an order of arrest returnable to the elerk’s office on the 3rd day thereafter, both of which were placed in the hands of the plaintiff (then the sheriff of the county) with directions to execute the same promptly, and he- early the next morning, as he alleged, between seven and eight o’clock- put…
1Opinion of the Court
Dillard, J.,
after stating the case. Of the issues presented by plaintiff and rejected by the court, the first one is the same in substance, and nearly so in language, as the ■first of the series presented by the judge, and its rejection of course can be no cause of complaint by the plaintiff.
The second issue of the plaintiff was properly refused, and the third 'one depending thereon ough-t to and did go with it. The bond sued on is a bond conditioned for the faithful and correct performance of duty by the defendant, Linster, as deputy sheriff, and to indemnify and save harmless the plaintiff…
2Cases cited2 opinions
- Katzenstein v. Raleigh & Gaston Rail-RoadSupreme Court of North Carolina · 1878
- Kerchner v. . ReillySupreme Court of North Carolina · 1875
3Cited by4 opinions
- Barnhardt v. . SmithSupreme Court of North Carolina · 1882
- Woodley v. . HassellSupreme Court of North Carolina · 1886
- Carroll v. . HodgesSupreme Court of North Carolina · 1887
- Brittain v. Hitchcock.Supreme Court of North Carolina · 1900