Boggs v. . Davis
Supreme Court of North Carolina
Motion for a Judgment nisi against a sheriff for failing to execute and make due return of a summons, heard on appeal at Fall Term, 1879, of Onslow Superior Court, before Eure, J. The facts necessary to an understanding of the opinion are as follows: The plaintiff brought an action in a justice’s court against two defendants, one living in Onslow and the other in Carteret county.
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Motion for a Judgment nisi against a sheriff for failing to execute and make due return of a summons, heard on appeal at Fall Term, 1879, of Onslow Superior Court, before Eure, J. The facts necessary to an understanding of the opinion are as follows: The plaintiff brought an action in a justice’s court against two defendants, one living in Onslow and the other in Carteret county. It was alleged that the summons sent by registered letter to the defendant sheriff of Carteret (with his fee which was received) to be served on the party residing in his county, was not served and returned in due…
1Opinion of the CourtAshe, J.
Before the act of 1874-75, ch. 33, no court had the authority to amerce a sheriff except a court of record. A justice of the peace had no such power. By reference to section 15 of chapter 106 of Battle’s Revisal, which before the act 1874-75, was the only authority for imposing a penalty on a sheriff for not making due return of process, it will be seen that the penalty of one hundred dollars is given to the party aggrieved by order of the court, upon motion and proof of delivery of the process, unless such sheriff can show sufficient cause to the court at the next succeeding term after the…
2Cited by1 opinion
- Swift v. Dixon.Supreme Court of North Carolina · 1902