Davis v. Lancaster
Supreme Court of North Carolina
1 From Halifax. The Sheriff returned upon an execution which came into his hands, that it was satisfied, but did not return-into Court, nor pay to the party, or his attorney, the money due thereon. Whereupon, the Sheriff was fined nisi. A scire fiadas issued, .which being, made known and returned, it was moved that Judgment be entered against the Sheriff according to sdre fiadas.
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1 From Halifax. The Sheriff returned upon an execution which came into his hands, that it was satisfied, but did not return-into Court, nor pay to the party, or his attorney, the money due thereon. Whereupon, the Sheriff was fined nisi. A scire fiadas issued, .which being, made known and returned, it was moved that Judgment be entered against the Sheriff according to sdre fiadas. This was objected to, because the Law had made no provision for fining the Sheriff who did not pay the money into Court,, or to the party or his attorney. The case was referred to this Court, to determine whether, if…
1Opinion of the CourtHalt., Judge
The act of 1777, ch. 8, sec. 5, under which the Defendant has been fined nisi, directs «that every Sheriff, by himself or his lawful officer or deputy, shall execute all writs and other process to him legally issued, &c. and make due return thereof, under the penalty of forfeiting fifty pounds, &c. where such process shall he delivered to him twenty days before, the sitting of the Court, to he paid to the party grieved, &c.” This act being penal in its operation, is to be construed strictly. Of what is the Sheriff directed to make due return? “,Of all writs and other process.” If he fail to…
2Cited by2 opinions
- Douglas v. . AuldSupreme Court of North Carolina · 1814
- Person v. . NewsomSupreme Court of North Carolina · 1882