Anonymous, 1 N.C. 176, 1 Mart. 176 (1793)

1793 · United States Circuit Court for the District of North Carolina
1 N.C. 176, 1 Mart. 176

Anonymous.

Hill. 2 Car.

JUDGMENT was given in this court. A Capias issued to the late sheriff, the plaintiff paid the fee for the execution, and the sheriff received the capias from the plaintiff, who shewed him the defendant. The sheriff saw him, but turned about and said: I cannot see him, and returned non est inventus. The plaintiff made an affidavit, and prayed for an attachment against the late sheriff.

Jones, J.

He is no officer now.

To which it was answered, that it was a contempt while he was an officer.

Whereupon by Doderidge, J. and Jones J. Let an attachment issue. Noy 89.