| Summary: | This action was brought against Pullen as sheriff of Wake county, alleging that he had failed to make proper return of certain writs of execution instituted by the plaintiffs. It was proved that Pullen had sold several slaves belonging to one A S H Burgess after receiving executions in favour of other plaintiffs, having returned that some of the slaves were held in trust when he received executions against Burgess from the Bank of Newbern. The judge ruled that the plaintiffs had not produced sufficient evidence to support their action and nonsuited them, whereupon they appealed. The Supreme Court found that Pullen should have returned the writs according to their forms, or, if he had reason not to, should have proved it other than simply by his own testimony. New trial.
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