Parker Gatling v. . W. O. House
Supreme Court of North Carolina
This was an action on a constables bond tried before Watts,, Judge, at a Special Term of Halifax Superior Court. The plaintiff declared upon a constables bond and assigned as a breach, that the officer had not used due diligence in endeavoring to collect certain claims placed in his hands. A complaint was filed setting forth the different claims placed in-the hands of the officer.
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This was an action on a constables bond tried before Watts,, Judge, at a Special Term of Halifax Superior Court. The plaintiff declared upon a constables bond and assigned as a breach, that the officer had not used due diligence in endeavoring to collect certain claims placed in his hands. A complaint was filed setting forth the different claims placed in-the hands of the officer. The defendants failed to answer, and at the return term a judgment was entered by default and enquiry. At the Special Term aforesaid, the plaintiff proposed to execute the enquiry, and a jury was empannelled for…
1Opinion of the CourtDicK, J.
This is an action against a constable on his offi--cial bond, for a failure to perform his official duty. The default of the defendant in failing to answer, admits the execution of the bond sued on, and that the plaintiffs have good? cause of action, and' the only question left for determination is-the amount of damages.
The C. C. P., sec. 217, makes provision for determining the amount of a judgment by default.
1- In any (action arising on contract for the recovery of money only, the clerk ascertains the amount which the plaintiff is entitled to recover, in the manner prescribed in saicB.…
2Cases cited1 opinion
- Parker v. . SmithSupreme Court of North Carolina · 1870
3Cited by12 opinions
- Blow v. . JoynerSupreme Court of North Carolina · 1911
- Dehoff v. . BlackSupreme Court of North Carolina · 1934
- Osborn v. . LeachSupreme Court of North Carolina · 1903
- Lee v. . KnappSupreme Court of North Carolina · 1884
- State Ex Rel. Anthony v. EstesSupreme Court of North Carolina · 1888
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