State Ex Rel. Horne v. Allen
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, fit the Fall Term, 1844, his Honor Judge Bailey presiding. This was an action of debt against the defendant, upon his official bond as Sheriff of Anson County, dated the 15th of October, 1838, to recover the amount of certain claims placed in the hands of one William H. Gulledge, who, it was alleged, was the deputy of the said defendant, and had collected moriey for the plaintiff, as deputy, and upon demand refused to…
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Appeal from the Superior Court of Law of Anson County, fit the Fall Term, 1844, his Honor Judge Bailey presiding. This was an action of debt against the defendant, upon his official bond as Sheriff of Anson County, dated the 15th of October, 1838, to recover the amount of certain claims placed in the hands of one William H. Gulledge, who, it was alleged, was the deputy of the said defendant, and had collected moriey for the plaintiff, as deputy, and upon demand refused to pay. Joseph White, the present sheriff of Anson, and who succeeded the defendant in October, 1840, proved a demand of the…
1Opinion of the CourtDaniel, J.
First, the defendant insists, that, as no defalcation took place, until after the expiration of his written deputation to Gulledge, he is not responsible in this action. We think he is. In England, the bailiff is not the general recognized officer of the sheriff, like the under sheriff. It is from the warrant issued by the sheriff', or the deputy in the name of the sheriff, and not from his appointment as a sheriff’s officer, that the bailiff derives his authority to execute the writ. Therefore the acts of a regular sheriff’s bailiff, in the execution of process, are not sufficient to fix the…
2Cited by6 opinions
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937
- Hanie v. . PenlandSupreme Court of North Carolina · 1927
- Presson v. . BooneSupreme Court of North Carolina · 1891
- Jarratt v. . McGeeSupreme Court of North Carolina · 1847
- State v. . FullenwiderSupreme Court of North Carolina · 1844
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