Smith v. . McMillan
Supreme Court of North Carolina
MotioN to amerce a sheriff heard at Spring Term, 1880, of Robeson Superior Court, before Eure, J. This was a motion to amerce the defendant as sheriff of Robeson county for not making due return of an execution.
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MotioN to amerce a sheriff heard at Spring Term, 1880, of Robeson Superior Court, before Eure, J. This was a motion to amerce the defendant as sheriff of Robeson county for not making due return of an execution. The facts as found by His Honor are as follows ■: At .spring term, 1878, of said court Enos Smith, the plaintiff -in the ease obtained a judgment against Benjamin Godwin for the sum of $97.68 and execution was duly issued upon said judgment and placed in the hands of the defendant. On the 24th of April, 1878, J. L. Infnan obtained a judgment against the plaintiff, Enos Smith, for the-…
1Opinion of the Court
Ashe, 2.
The only question presented on this appeal for onr determination is, whether the defendant, McMillan, has made due return of the execution in favor of the plaintiff, Enos Smith, against Benjamin Godwin. The defendant insists that he is not liable to the amercement, because his return is in strict compliance with the provisions of section 265, chapter 17 of Battle’s Revisal. We do not think that act was intended to appty to cases where the sheriff has, for instance, two executions in his hands, as in this case — the one against a defendant and another in favor of that defendant against…
2Cases cited2 opinions
- Curlee v. . ThomasSupreme Court of North Carolina · 1876
- Bryan v. . HubbsSupreme Court of North Carolina · 1873
3Cited by1 opinion
- Edgerton v. . JohnsonSupreme Court of North Carolina · 1940