Heilig v. . Lemley
Supreme Court of North Carolina
This was a MotioN in tbe cause, beard before Ms Honor, Cloud, J., at Fall Term, 1875, of the Superior Court of RowaN county. It was admitted that the plaintiffs obtained judgment against the defendants’ intestate and others at Fall Term, 1869, of Rowan Superior Court, for the sum of one thousand dollars, and interest thereon from the 20th day of September, 1869, and also for costs.
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This was a MotioN in tbe cause, beard before Ms Honor, Cloud, J., at Fall Term, 1875, of the Superior Court of RowaN county. It was admitted that the plaintiffs obtained judgment against the defendants’ intestate and others at Fall Term, 1869, of Rowan Superior Court, for the sum of one thousand dollars, and interest thereon from the 20th day of September, 1869, and also for costs. That an execution issued to the sheriff of said county, returnable to Spring Term, 1871; that after the said execution wras spent, and while the same was in the hands of W. A. Walton, the then sheriff of Rowan…
1Opinion of the Court
RodmAN. J.
The question is whether a Sheriff who has made himself liable to a plaintiff by his negligent delay in collecting an execution, and who pays off the debt in his own exoneration and takes an assignment from the plaintiff to a third persan in trust for himself, has thereby extinguished the judgment, so that he cannot have an alias execution issued to another officer upon it ?
The cases cited by the learned counsel for the defendants from New York do certainly establish that, in that State, upon grounds of public policy, the judgment is absolutely extinguished. Re ed v. Pruyn, 7 Johns.,…
2Cases cited8 opinions
- Dunn v. SnellMassachusetts Supreme Judicial Court · 1819
- Sherman v. BoyceNew York Supreme Court · 1818
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Reed v. Pruyn & StaatsNew York Supreme Court · 1811
- Roundtree v. WeaverSupreme Court of Alabama · 1845
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3Cited by2 opinions
- Nevada Cornell Silver Mines, Inc. v. HankinsNevada Supreme Court · 1929
- Clarke v. LittleSuperior Court of New Hampshire · 1805