North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 10

North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 edition. Excerpt: ...postponed the sale, and then refused to receive notes butat an' unknown dis-i count. ' ' Ruflin and Hog, _ contra. I I I. ' 'A sheriff is bound to reasonable diligence, ' and reasonable diligence is a question of-law., As to 'the levy on realty first, the case of.M-Coy v. Beard has decided nothing as to theflpoint of sherifi"s duty to levy first on personalty, and-in this case the matter is wholly imma-terial: the doctrine involved in the case was this. that it ' is a sherifi"s duty to levy on, emmgh, and the charge in substance told the jury so. and instructed them to inquire _. whether enough had beenilevied on; this was conformable 1 ' to law." _. '. _ I As to the postponement by the plaintiff, the only proof 4 of the fact is in the sherifl"s return, and that cannot be evidence for him in this' action, which is in the nature of "so. 1824. 4 greatest injustice would-be done if _in-actions against. sheriffs for an insuflicient levy, the Court were not to take notice that the currency of the country is in bank I-bills; andthat where it is not stipulated to theicontrary, alhpersons calculate upon paying and receiving such I ' bills. If, therefore, a sheriff niakes a levy upon property ' which would be adequate were it sold for bank notes, but inadequate were it soid for specie, he cannot in reason, be chargeable dpon his bond, unless previous 'notice be given him_ that specie alone will be receivable. The jury should have been instructed to inquire whether the levy. _ Twere suflicient, if the property had been sold for bank-'notes; and if it was, it would, in my opinion, have dis-charged the sheriff, without previous notice distinctly given that specie alone would more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236950984
  • 9781236950987