RED HOUSE FURNITURE CO. v. SMITH

No. 8218DC945.

306 S.E.2d 130 (1983)

RED HOUSE FURNITURE CO. v. Annie SMITH.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

Gregory L. Gorham, Greensboro, for Paul H. Gibson, Sheriff of Guilford County, appellant.

Rossie G. Gardner, High Point, for plaintiff-appellee.


JOHNSON, Judge.

Sheriff Gibson contends that the court erred in concluding that he, through his deputy, failed to take possession of the property described in the writ of possession and deliver it to the court and otherwise failed to execute the writ and that he had failed to show any defense as to why the judgment nisi should not be made absolute. Relying upon State v. Whitaker, 107 N.C. 802, 12 S.E. 456 (1890) and State v. Armfield, 9 N.C. 246...

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