State Ex Rel. Thacker v. Fidelity & Deposit Co. of Maryland

Is tbe plaintiff’s alleged cause of action against tbe defendants barred by tbe statute of limitations, C. S., 439? If this question presented by this appeal is answered in tbe affirmative — as it must be — it is unnecessary for us to discuss or decide whether tbe admitted default of tbe clerk occurred during either of tbe terms covered by tbe bonds executed by tbe defendants.

Tbe clerk of tbe Superior Court is an insurer and guarantor of funds “which have come, or may come, into bis bands by virtue of color of title,” Pasquotank County v. Surety Co., 201 N. C., 325, 160 S. E., 176; Gilmore v.…