State Ex. Rel. Davenport v. McKee

This action is brought by the relator of the plaintiff, as treasurer of the county of Gaston, against the defendant sheriff and the sureties to his official bond for alleged breaches thereof, in failing to pay to the relator $2,216.14, money collected as taxes, and ascertained to be due to that county, and $2,500.00 penalty incurred in failing to pay the same according to law.

The defendant sheriff pleaded among other things, that he had paid the relator on account of the money so due, the sum of $1,700.00.

The following is so much of the case settled upon appeal, as is necessary to a proper…