State Ex Rel. Scott & Burton v. Kenan
Supreme Court of North Carolina
Civil action, tried before Boykin, Judge, and a jury, at November Term, 1885, of the Superior Court of Duplin county. This suit was commenced by the issue of a summons on the 25th day of April, 1885, for a cause of action thus set out in the complaint.
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Civil action, tried before Boykin, Judge, and a jury, at November Term, 1885, of the Superior Court of Duplin county. This suit was commenced by the issue of a summons on the 25th day of April, 1885, for a cause of action thus set out in the complaint. The defendant, Kenan, having been elected sheriff of Duplin county, on February 11th, 1885, as principal, and the other defendants as sureties, executed an official bond in the penal sum of $5,000, with condition required by law, which was accepted, and he inducted into office. A copy of the bond is annexed to the complaint. The plaintiffs,…
1Opinion of the CourtSmith, C. J.
(after stating the facts). I. The motion to dismiss for the alleged defects in the complaint, was properly overruled. It avers a distinct breach of official duty, in refusing to set apart the personal property exemptions to each, and upon his demand and consent that the other partner might have his also allotted out of the partnership property, when there was none other, exceeding one hundred dollars in value, out of which an allotment could have been made. Instead of recognizing and giving effect to this constitutional right of the judgment debtor, secured to him also by statutory…
2Cases cited7 opinions
- Gaylord, Son & Co. v. M. Imhoff & Co.Ohio Supreme Court · 1875
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Stewart v. . BrownNew York Court of Appeals · 1867
- Guptil & Hinton v. McFeeSupreme Court of Kansas · 1872
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
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3Cited by17 opinions
- Long v. . WalkerSupreme Court of North Carolina · 1890
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Noyes v. BeldingSouth Dakota Supreme Court · 1894
- Gorham v. . GoodwinSupreme Court of North Carolina · 1917
- In re StevensonDistrict Court, E.D. North Carolina · 1899
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