Board of Commissioners of Montgomery County v. Riley.
Supreme Court of North Carolina
MotioN to vacate an attachment, heard before Buxton, J., at Spring Term, 1876, of Montgomery Superior Court. The Board of Commissioners of Montgomery County commenced an action against the defendant, Peter C. Riley, former sheriff of said county, upon his official bond to recover the sum of $2,500, the amount of county and poor taxes collected for the year 1868, which it was alleged he had failed to account for and pay over.
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MotioN to vacate an attachment, heard before Buxton, J., at Spring Term, 1876, of Montgomery Superior Court. The Board of Commissioners of Montgomery County commenced an action against the defendant, Peter C. Riley, former sheriff of said county, upon his official bond to recover the sum of $2,500, the amount of county and poor taxes collected for the year 1868, which it was alleged he had failed to account for and pay over. The summons was issued Dec. 8th, 1875, and served by publication. The defendant was • elected sheriff of said county at the State election held on the 21st, 22d and 23rd…
1Opinion of the CourtSettle, J.
The incident, though sometimes more important in results, generally follows the principal.
The process by attachment, is a mode of enforcing the collection of a debt ancillary to a suit, regularly instituted in the C; urts, and followed by a judgment and execution thereon.
Can a party, who proceeds by attachment, place himself in a better position than one who sues regularly in the Courts and obtains a judgment, and sues out execution thereon ?
We need not seek beyond the last number of our Reports to find the dignity of the personal property and the homestead exemptions under our Constitution.
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2Cases cited4 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Hill v. . KesslerSupreme Court of North Carolina · 1869
- Curlee v. . ThomasSupreme Court of North Carolina · 1876
- Duvall v. . RollinsSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Below v. RobbinsWisconsin Supreme Court · 1890
- Chemical Co. v. Sloan.Supreme Court of North Carolina · 1904
- State Ex Rel. Gamble v. RhyneSupreme Court of North Carolina · 1879
- Whitmore-Ligon Co. v. HyattSupreme Court of North Carolina · 1918
- Naumburg v. HyattU.S. Circuit Court for the District of Western North Carolina · 1885
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