Jarratt v. . McGee

There is no doubt upon this question of evidence. The act of 1836, Rev. State., ch. 109, sec. 23, makes the sheriff and his sureties liable for claims placed in the hands of a deputy. The receipt of the deputy for the claim is evidence against the sheriff when given in the discharge of official duties; and this is a receipt of that kind. S. v. Allen,27 N.C. 36. Indeed, the receipt of the deputy being the act of an agent, is in law the receipt of the sheriff himself, and binds him accordingly — as if the deputy receive the money on an execution and give an acquittance therefor, or return…