Ramsour v. . Thomas
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, at the Fall Term, 1818, his Honor Judge Manly presiding. This was an action of debt ou the bond of the defendant, as sheriff, for the default of his deputy,' in not collecting certain debts for the relators, and in collecting them and not paying over the money', and a special verdict was found, on which a judgment was rendered for the plaintiff.
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Appeal from the Superior Court of Law of Henderson County, at the Fall Term, 1818, his Honor Judge Manly presiding. This was an action of debt ou the bond of the defendant, as sheriff, for the default of his deputy,' in not collecting certain debts for the relators, and in collecting them and not paying over the money', and a special verdict was found, on which a judgment was rendered for the plaintiff. The special verdict was as follows: “The jury find that the defendant, Robert Thomas, was duly appointed sheriff of Henderson County, and served as such during the years 1S42, lS43and 1S44,…
1Opinion of the CourtRuffin, C. J.
No judgment can be rendered on the verdict. There must necessarily bo a venire de novo The application of payments by the law is only, when the demands, to which it is applied, are debts, or for certain sums, or such as can be rendered certain, as accounts for work and labor, or goods scld, or the like, and not for uncertain and unliquidated damages. Therefore, no more can be said here, than that the money paid ought to be applied in satisfaction of the particular debts, which had been collected by the deputy sheriff, anterior to the time or times of the several payments, and that it cannot…
Also in this document: Per curiam.
2Cited by4 opinions
- Stone Co. v. RichSupreme Court of North Carolina · 1912
- Kesler v. . LongSupreme Court of North Carolina · 1847
- State v. . ThomasSupreme Court of North Carolina · 1850
- Stone v. . RichSupreme Court of North Carolina · 1912