Board of County Commissioners v. Candler
Supreme Court of North Carolina
Civil action on the official bond of 0. B. Candler, Sheriff of Madison County, to recover balance of school funds due the county, tried before Hoke, J., on demurrer at Spring Term, 1898, of the Superior Court of Madison County. The action was originally instituted in the name of B. Tillery, County Treasurer.
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Civil action on the official bond of 0. B. Candler, Sheriff of Madison County, to recover balance of school funds due the county, tried before Hoke, J., on demurrer at Spring Term, 1898, of the Superior Court of Madison County. The action was originally instituted in the name of B. Tillery, County Treasurer. Before the trial, there was a change in the law requiring the county commissioners to bring such action, and there was an amendment allowed to meet the requirement, and the Board of County Commissioners of Madison County were substituted as plaintiff. Since that amendment, there has been…
1Opinion of the Court
Fukches, J.:
This action was originally brought on the relation of Tillery, Treasurer of Madison County,' against the defendant Candler, as Sheriff and tax collector, and his bondsmen for failing to pay over and account for the taxes of the county. After the action was commenced and before it was tiled, the Legislature changed the law, so as to make it the duty of the county commissioners to bring such actions. To meet this legislative change in the relator, the plaintiff moved to amend the complaint by substituting the names of the commissioners for that of Treasurer. This motion was allowed…
2Cases cited2 opinions
- Atwater v. . FarthingSupreme Court of North Carolina · 1896
- State Ex Rel. Tillery v. CandlerSupreme Court of North Carolina · 1896
3Cited by3 opinions
- Bridgers v. . StatonSupreme Court of North Carolina · 1909
- Orkin Exterminating Company v. O'HANLONSupreme Court of North Carolina · 1956
- Brooks v. Holton.Supreme Court of North Carolina · 1904