Executors of Crumpler v. Glisson

Supreme Court of North Carolina

Executors of Crumpler v. Glisson

1 N.C. 79

DecidedJanuary 15, 1817

StatusPublished

This text of 1 N.C. 79 (Executors of Crumpler v. Glisson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Executors of Crumpler v. Glisson, 1 N.C. 79 (N.C. 1817).

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Opinion

Daniel, J.

delivered the Opinion of the Court :

On mesne process the Sheriff may, but is not obliged to raise the posse. It cannot be presumed, that where the party is bailable, the writ will be resisted ; but if it is resisted, and the Sheriff kept off by force of arms, we cannot think he is liable to the Plaintiff;!because he had not ' , , , , , the posse comitatus, at his back

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Daniel, J.

delivered the Opinion of the Court :

On mesne process the Sheriff may, but is not obliged to raise the posse. It cannot be presumed, that where the party is bailable, the writ will be resisted ; but if it is resisted, and the Sheriff kept off by force of arms, we cannot think he is liable to the Plaintiff;!because he had not ' , , , , , the posse comitatus, at his back

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Bluebook (online)

1 N.C. 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/executors-of-crumpler-v-glisson-nc-1817.