Cockerham v. . Baker
Supreme Court of North Carolina
This; was a Scire Facias against a sheriff” for failing to return process in due time, tried before Bailey, J., at Spring Term, 1859, of Surry Superior Court.
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This; was a Scire Facias against a sheriff” for failing to return process in due time, tried before Bailey, J., at Spring Term, 1859, of Surry Superior Court. The defendant, Baber, was sheriff of the county of Ashe, and the process, in reference to which, the failure to return is alleged, was issued by the Superior Court of Surry and directed' to defendant, returnable to Spring Term, 1858, of that Court-, which Court commenced on Monday, the 22d of February, 1858. The sheriff mailed the execution in a stamped envelope, at Gap Civil, a post office'in the comity of'Ashe, on Wednesday, the 17th…
1Opinion of the CourtBattle, J.
It has frequently been decided by this Court, after argument and full consideration, that if it be made to appear that a clerk has sent a writ to the sheriff of another county, enclosed in a stamped envelope, in due time to reach him in the regular course of the mails, twenty days before the sitting of the court, to which it is returnable, it is sufficient to authorise a judgment nisi for an amercement for the non-return of the process; State v. Latham, 6 Jones’ Rep. 233. If then, the mail can be used as a medium, by which process can be transmitted to a sheriff, so as to charge him with its…
2Cited by1 opinion
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