Legal Opinion

Tomlinson v. . Long

Supreme Court of North Carolina

Decided June 5, 1862PublishedCited by 2 opinions

Action of debt for a penalty, tried before French, J., at the Spring Term, 1861, of Iredell Superior-Court. The declaration was for the penalty of $500, for a false return to a subpoena placed in defendant’s bands, to be by him executed, as sheriff of Yadkin county. A suit, in equity, was pending in the Court of Equity of Iredell county, between John II. Tomlinson, plaintiff, and B. B. Benham and IV. H. A. Speer, defendants, which had been referred to IV.

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Action of debt for a penalty, tried before French, J., at the Spring Term, 1861, of Iredell Superior-Court. The declaration was for the penalty of $500, for a false return to a subpoena placed in defendant’s bands, to be by him executed, as sheriff of Yadkin county. A suit, in equity, was pending in the Court of Equity of Iredell county, between John II. Tomlinson, plaintiff, and B. B. Benham and IV. H. A. Speer, defendants, which had been referred to IV. P. Caldwell, Esq., clerk and master of the said Court, to state an account between the parties. It was proved by Mr. Ocddwell, that on or…

1Opinion of the CourtManly, J.

After some reflection upon the facts of this case, we arrive at a different conclusion from that of the Court below.

It does not appear, definitely, upon what day in December the defendant received the subpoena. It was either delivered to him personally, or transmitted through the mail from Ire-dell to Yadkin on the 10th ; and as the distance is short, and we are certainly informed that he received it in that month, on some day previous to Christmas, it is fair to conclude he received it as early as the 16th. Claywell, the individual to be summoned, had an established and well known residence…

2Cited by2 opinions

  1. Williams v. WilliamsCourt of Appeals of North Carolina · 1994
  2. Rollins v. GibsonSupreme Court of North Carolina · 1977

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