Stuart v. Fitzgerald
Supreme Court of North Carolina
From Surry. This was a scire facias against the defendant, as Sheriff of Surry county, and special bail of Martin Armstrong. The pleas were “ JV’ul tiel record, surrender of the principal,” and a special plea, “ that the defendant Was not Sheriff at the time the writ was executed.”
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From Surry. This was a scire facias against the defendant, as Sheriff of Surry county, and special bail of Martin Armstrong. The pleas were “ JV’ul tiel record, surrender of the principal,” and a special plea, “ that the defendant Was not Sheriff at the time the writ was executed.” The Plaintiff sued out a writ against Martin Armstrong, from the county court of Surry, returnable to August term, 1807, bat it was not returned until November term following, when it was returned into the office with the following indorsemont, via. “ Executed, James Fitzgerald.” No bail bond was taken by the…
1Opinion of the CourtHaii, Judge
It has been objected for tiie Defendant, tiiat at the time the writ was executed by him, lie was not Sheriff of Surly County. It is not necessary to examine critically, whether lie was regularly in all respects, chosen Sheriff for that year 5 because it appears, that lie qualified by taking the oath of office, and acted as Sheriff of the County during that time, and in that character returned the writ in question. He shall not now be permitted to contradict his own, acts.
He objects that the ca. sa. which issued against his principal, is not produced. It appears from the Clerk’s execution…
2Cited by2 opinions
- Hargett v. .Superior Court of North Carolina · 1799
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