Governor Ex Rel. Pratt v. Carter
Supreme Court of North Carolina
> From Hertford. rI his was an action of debt on a sheriff’s bond, against tho defendant Carter and his sureties; The breach assigned was, that on the-26th of November, 1818, lisp plaintiffs issued their writ off. fa. to the defendant Carter, then sheriff of Hertford, tested on the same day and \ , ** year and delivered on that day, whereby he was commanded of the goods and chattels, lands and tenements of Howell Jones, he should 'cause to be made the sum of g 1879 20 with…
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> From Hertford. rI his was an action of debt on a sheriff’s bond, against tho defendant Carter and his sureties; The breach assigned was, that on the-26th of November, 1818, lisp plaintiffs issued their writ off. fa. to the defendant Carter, then sheriff of Hertford, tested on the same day and \ , ** year and delivered on that day, whereby he was commanded of the goods and chattels, lands and tenements of Howell Jones, he should 'cause to be made the sum of g 1879 20 with interest from the 10th of June, 1817, and have the same before the justices of Hertford County Court on the 4tli Monday…
1Opinion
The breach assigned is that the sheriff did not levy on property sufficient to satisfy the plaintiff's execution, he having it fully in his power to do so. The levy was made in January; the sale took place the December following, by another officer, under a venditioniexponas, the sheriff Carter having gone out of office in May. The sheriff insists that the property levied on was of sufficient (335) value at the time of the levy, but, from decline in price and other causes not within his control, when sold in December the proceeds were insufficient to satisfy the plaintiff's execution. The…
2Cases cited2 opinions
- Purvis, Guardian v. . JacksonSupreme Court of North Carolina · 1873
- Atkin v. . MooneySupreme Court of North Carolina · 1866