Red House Furniture Co. v. Smith

BRANCH, Chief Justice.

The issue presented by this appeal is whether the trial court correctly ruled that Sheriff Gibson failed to make a diligent attempt to execute the writ of possession and that he failed to show any defense as to why the judgment of amercement should not be made absolute.

At the time of this action, G.S. 162-14 provided,1 in pertinent part, that a sheriff was subject to a penalty of forfeiting one hundred dollars ($100.00) for his failure to execute and make due return of all writs and other process to him legally issued and directed, unless he could show sufficient cause…