Treasurer v. Executors of Moore

Supreme Court of South Carolina
Treasurer v. Executors of Moore, 7 S.C.L. 755 (S.C. 1815)
Bay, Colcock, Gkimke, Nott, Smith

Treasurer v. Executors of Moore

Opinion of the Court

Colcock, J.

I am in favour of the motion. I think the witness should have made a return as to the duces tecum, or that part of the subpoena which required him to bring the books. I also think that a sheriff’s books are public property, and that whoever may be in possession of them, is bound to produce them, when called for by legal authority, even though as evidence against himself; nor can I conceive that there can be a doubt, but that when a sale has taken place, a sheriff, or his representatives, are bound to account for the proceeds.

Justices Gkimke, Nott, Bay and Smith concurred.

Reference

Full Case Name
Treasurer v. Executors of J. Moore, Sureties for Davis, Sheriff
Status
Published