Legal Opinion

Governor Ex Rel. Shackelford v. Administrators of M'Rea

Supreme Court of North Carolina

Decided December 5, 1824Published

T t From Craven. J . This was an action of debt, against the representative of a deceased sheriff and his sureties, in which the jury found a verdict for the plaintiff subject to the opinion of the Court upon the following point: A writ, but without the seal of the Court, issued from the Superior Court of Craven to the sheriff of Cumberland, returnable to said Court, on which the sheriff endorsed, “ too late to hand.”

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T t From Craven. J . This was an action of debt, against the representative of a deceased sheriff and his sureties, in which the jury found a verdict for the plaintiff subject to the opinion of the Court upon the following point: A writ, but without the seal of the Court, issued from the Superior Court of Craven to the sheriff of Cumberland, returnable to said Court, on which the sheriff endorsed, “ too late to hand.” The writ did not come too late to hand; and.it is submitted whether said writ, so unsealed and so issued, is one on which the sheriff is in law liable for neglect in executing,…

1Opinion

By Laws 1791, ch. 344, the Governor is authorized and required to procure seals for the courts of record within the State. By Laws 1797, ch. 474, it is declared not to be necessary that the clerks of any district court should affix the seal of the court to process that issued to any county within the district, or that the clerk of any county court should affix the seal of his court to any process that issued to the county of the court of which he was clerk. Before these provisions, no doubt, it was the duty of the several clerks to affix their seals to all process that they issued. The duty…

2Cases cited3 opinions

  1. Peterson v. . VannSupreme Court of North Carolina · 1880
  2. Shepherd v. . LaneSupreme Court of North Carolina · 1829
  3. Hallman v. . DellingerSupreme Court of North Carolina · 1881

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