Anonymous

Decided October 5, 1796

Superior Court of North Carolina · decided 1796-10-05

Relies on Governor Ex Rel. Holliday v. Eastwood

Decided 1796-10-05

¶1Let him be amerced; he ought to have made a return to the writs of venditioni exponas; he ought to have sold the property, (416) though no writs of venditioni exponas had issued; and having once taken it, he cannot afterwards put it upon the new sheriff to execute these writs. Let there also issue writs of distringas to the new sheriff to compel the late sheriff by distress to levy the moneys, and deliver them to the new sheriff, to be brought into court.

¶2Cited: Governor v. Eastwood, 12 N.C. 159. *331

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Case posture

Posture: MR. HAY produced several executions which had been delivered to the late sheriff of Anson, who had returned levied and not sold for want of bidders. Also, several writs of venditioni exponas issued upon these returns, and stated that these latter writs were put into the hands of the late sheriff before his going out of office, and to the present sheriff he had not pointed out any property which he could sell according to the exigence of the writs. He moved that the late sheriff should be amerced, under the act of 1777, ch. 8, sec. 5.

Source: CourtListener

Court

Superior Court of North Carolina