State Ex Rel. Cole v. Fair
Supreme Court of North Carolina
Action of debt on p constable’s bond, tried 'before Judge Sauhders, at Fall Term, 1853,.of Stokes Superior Court. The relator put into -the bands of Eair, the constable, two notes on Thomas Neal, on .the 9th of April, 1852, on which day he sued out warrants,,and on the 12th.of the ;same month obtained judgment.
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Action of debt on p constable’s bond, tried 'before Judge Sauhders, at Fall Term, 1853,.of Stokes Superior Court. The relator put into -the bands of Eair, the constable, two notes on Thomas Neal, on .the 9th of April, 1852, on which day he sued out warrants,,and on the 12th.of the ;same month obtained judgment. On the 30th of that .month, the constable sold all .the property of Neal,liable tc* execution, under the said two executions, and under one in favor of William A. Lash. The sale amounted to $22 10, On the day of the sale, the debt to Lash amounted to $16 17 cents. The relator at this…
1Opinion of the CourtBattle, J.
Had the defendant Fair been under the necessity of showing, that he had made a tender of the money to the relator, in order to save himself from liability to his action, the cases of Mills v. Huggins, 3 Dev. 58, and Thomas v. Evans, 10 East, 101, cited by the counsel, would have been in point, to sustain his Honor. But, in truth, the defendant, as constable, was a mere collecting agent of the relator, and the relator was, under the circumstances, bound to make a demand upon him, before he had a right to sue Mm. White v. Miller, 3 Dev. and Bat. 55. And it seems, from the case of Wills v. Sugg,…
2Cited by1 opinion
- White v. . MillerSupreme Court of North Carolina · 1838