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RED HOUSE FURNITURE CO. v. SMITH

No. 479PA83.

313 S.E.2d 569 (1984)

310 N.C. 617

RED HOUSE FURNITURE CO. v. Annie SMITH.

Supreme Court of North Carolina.

April 3, 1984.

Attorney(s) appearing for the Case

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

Guilford County Attorney's Office by J. Edwin Pons, Greensboro, for appellant, Sheriff Paul H. Gibson.

BRANCH, Chief Justice.

The issue presented by this appeal is whether the trial court correctly ruled that Sheriff Gibson failed to make a diligent attempt to execute the writ of possession and that he failed to show any defense as to why the judgment of amercement should not be made absolute.

At the time of this action, G.S. 162-14 provided,1 in pertinent part, that a sheriff was subject to a penalty of forfeiting one hundred dollars...

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