Dibble v. . Aycock
Supreme Court of North Carolina
Cause removed from the Court of Equity of Lenoir county. The several matters in controversy between the plaintiffs and defendants, afford no point necessary to be reported, but a matter of interest arises out of the petition of Wm.
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Cause removed from the Court of Equity of Lenoir county. The several matters in controversy between the plaintiffs and defendants, afford no point necessary to be reported, but a matter of interest arises out of the petition of Wm. Fields, sheriff of Lenoir county, who represents to the Court, that when the fi. fa., in this case mentioned, issued from the county court of Lenoir, and came to his hands, as sheriff, he levied the same on property consisting of slaves, mules, horses, wagons, &c., sufficient to satisfy thé whole amount thereof, to wit, $10.689 69 with costs; that he took the same…
1Opinion of the Court
MáNly, J.
The petition of William Fields, sheriff of Lenoir, calling to the attention of the Court, the subject of his commissions for the partial execution of a fi. fa. against complainants, has been considered by the Court. It seems that he had made a levy under thefi.fa. when he was prevented from further action by the injunction, issuing from the master’s office of Lenoir. We are of opinion that the sheriff is entitled to his commissions upon the moneys paid into the office of the clerk of the county court of Lenoir, to wit, upon $7.000, and these commissions should be included in the bill…
2Cited by1 opinion
- Cannon v. . McCapeSupreme Court of North Carolina · 1894