Empson's Case

Court of King's Bench

Empson's Case

1 N.C. 645

DecidedJuly 5, 1793

StatusPublished

This text of 1 N.C. 645 (Empson's Case) is published on Counsel Stack Legal Research, covering Court of King's Bench primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Empson's Case, 1 N.C. 645 (kingsbench 1793).

Pincite

Opinion

This case was on a statute acknowledged and an extent sued. The sheriff took a bond of £ 20 for the payment of £ 10, which was his fee; and this was before the liberate. Adjudged:

First. That the bond is void, inasmuch that the statute 28 H., 8, gives him an action of debt for his fees; and he shall not have a double reward.

Secondly. It is void, as it was taken before the liberate, so that the sheriff took his fee before he had done his work. Postea, p. 665; 3 Cro., 150 and 287; bin. 20 and 50.

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This case was on a statute acknowledged and an extent sued. The sheriff took a bond of £ 20 for the payment of £ 10, which was his fee; and this was before the liberate. Adjudged:

First. That the bond is void, inasmuch that the statute 28 H., 8, gives him an action of debt for his fees; and he shall not have a double reward.

Secondly. It is void, as it was taken before the liberate, so that the sheriff took his fee before he had done his work. Postea, p. 665; 3 Cro., 150 and 287; bin. 20 and 50.

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Bluebook (online)

1 N.C. 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empsons-case-kingsbench-1793.