Dysart v. . Brandreth
Supreme Court of North Carolina
This was a motion, heard upon affidavits, before Graham, J., at Spring Term, 1895, of CheROKEe Superior Court. M. L. Mauney, R. Akin and Black & Moore obtained judgments against G. Brandreth, before a justice of the peace, and caused transcripts of the same to bo docketed in the superior court of Cherokee county on the 20th and 22d of June, 1891. Brandreth appealed to the superior court, and A. L. Cooper became surety on his bond to stay execution.
Read the full summary
This was a motion, heard upon affidavits, before Graham, J., at Spring Term, 1895, of CheROKEe Superior Court. M. L. Mauney, R. Akin and Black & Moore obtained judgments against G. Brandreth, before a justice of the peace, and caused transcripts of the same to bo docketed in the superior court of Cherokee county on the 20th and 22d of June, 1891. Brandreth appealed to the superior court, and A. L. Cooper became surety on his bond to stay execution. To indemnify Cooper against any loss he might suffer by reason of said suretyship, G. Brandreth, on the 11th day of July, 1891, executed to ~W. N.…
1Opinion of the Court
Furches, J.:
Preliminary to the main question presented by the case is the motion of defendant to strike from the record what purports to be the return of Sheriff' Davidson, dated May 22, 1895. This motion must be allowed. The sale took place on the 22d of May — the day the return bears date, the time when it should have-been made. But several witnesses testified to the fact that it was not made on that day but some weeks after-wards. It is a matter of common knowledge that public officers, in the press of business, as this was during court week, (22d May,) do not make their returns at once,…
2Cases cited7 opinions
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Adams v. . GuySupreme Court of North Carolina · 1890
- Burton v. . Spiers and ClarkSupreme Court of North Carolina · 1885
- Cannon v. . ParkerSupreme Court of North Carolina · 1879
- Motz v. . StoweSupreme Court of North Carolina · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dunham v. Anders.Supreme Court of North Carolina · 1901
- Darden v. . BlountSupreme Court of North Carolina · 1900
- Darden v. . BlountSupreme Court of North Carolina · 1900
- Jones v. . WilliamsSupreme Court of North Carolina · 1911