Jones v. . Gupton
Supreme Court of North Carolina
This was a civil action tried at the Fall Term, 1870, of the Superior Oourt of Caldwell County,, before his Honor Judge Mitchell. For the plaintiff it was testified by the Clerk of the Oourt that he placed in the mail at Lenoir, enclosed in a stamped envelope, the summons in question directed to the Sheriff of Franklin County, and that he had no •other evidence of its having come to the hands of the defendant, who was the Sheriff of that County.
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This was a civil action tried at the Fall Term, 1870, of the Superior Oourt of Caldwell County,, before his Honor Judge Mitchell. For the plaintiff it was testified by the Clerk of the Oourt that he placed in the mail at Lenoir, enclosed in a stamped envelope, the summons in question directed to the Sheriff of Franklin County, and that he had no •other evidence of its having come to the hands of the defendant, who was the Sheriff of that County. For the •defendant, the Clerk proved that he did not send the fees for •executing the process to the Sheriff, and that he did not know that any fees…
1Opinion of the CourtDick, J.
By the common law it was the duty of a Sheriff to do execution of all the kings’ writs without any reward.
The fees and emoluments of a Sheriff, and the manner in which they are to he paid, are regulated by statute, but many of the rules which define his powers, duties and liabilities áre derived from the common law.
Before the adoption of the O. O. P., a Sheriff as an officer of the law was bound to execute the process of the Courts according to the exigency thereof, and make due return, and he could not refuse to execute a writ until his fees were paid. 1 Salk, 333, Strange 814.
Under the C.…
2Cases cited2 opinions
- Tate v. . PoweSupreme Court of North Carolina · 1870
- Thompson v. . BerrySupreme Court of North Carolina · 1870
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- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921
- R. J. and R. W. McDowell v. . D. AsburySupreme Court of North Carolina · 1872
- McFarlan v. StateIndiana Supreme Court · 1897
- Johnson v. . KennedaySupreme Court of North Carolina · 1874
- Opinion No. Oag 11-80, (1980), Wisconsin Attorney General Reports1980