# Styers v. . Forsyth County

> Supreme Court of North Carolina · December 15, 1937 · 212 N.C. 558

URL: https://www.frixlaw.com/law-library/cases/9812389

## Case

- **Full name:** DOLLY O. STYERS v. FORSYTH COUNTY Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** December 15, 1937
- **Citations:** 212 N.C. 558; 194 S.E. 305; 1937 N.C. LEXIS 371
- **Precedential status:** Published
- **Opinion:** Dissent by DeyiN
- **Judges:** Stagy, Deyin
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9812389

## Opinion text

DeyiN, J.,
dissenting:
A careful consideration of this case leads me to the conclusion that by virtue of cb. 451, Public-Local Laws of 1929 (applicable only to Forsyth County), tbe status of a deputy sheriff as an employee of tbe county is thereby recognized and established, since by sec. 6 of tbe act express authority is given tbe county with reference to fee as well as salaried deputies. Tbe statutory definitions of “employee,” “employer,” and “employment” are comprehensive enough to include tbe service of a deputy sheriff. Certainly tbe uncontroverted facts establish that tbe deceased deputy sheriff, Jessie J. Styers, serving under appointment by tbe sheriff, lost bis life while engaged in serving-papers for tbe county of Forsyth for which tbe county would have bad to pay him, and it was found as a fact by tbe Industrial Commission that tbe injury resulting in bis death arose out of and in tbe course of bis employment, if be were at tbe time an employee of tbe county or tbe sheriff.
Tbe bolding of this Court that the deputy sheriff is an employee neither of the county nor tbe sheriff leaves bis employment status as a species of nullius filius — he is employed by nobody — yet be serves.
I am authorized to say that Clarkson, J., concurs in this dissenting-opinion, and that Schenck, J., concurs in dissent from that part of tbe majority opinion which bolds that tbe deputy is not an employee of the sheriff.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9812389. Public record. Not legal advice.