State Ex Rel. Cox v. . Blair
Supreme Court of North Carolina
Clerk of Superior Court -- Breach of Official-Bond. Civil Action, for breach of official bond, tried at Spring Term, 1876, of Randolph Superior Court, before Kerr, J. The complaint, filed against Blair as administrator of Bul-la, deceased, late Clerk of the Superior Court of said County, and the other defendants, (sureties on the official bond of said Bulla,) demanding payment of the sum of $242.17 balance due, alleges: That Bulla was elected and qualified as Clerk in 1868…
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Clerk of Superior Court -- Breach of Official-Bond. Civil Action, for breach of official bond, tried at Spring Term, 1876, of Randolph Superior Court, before Kerr, J. The complaint, filed against Blair as administrator of Bul-la, deceased, late Clerk of the Superior Court of said County, and the other defendants, (sureties on the official bond of said Bulla,) demanding payment of the sum of $242.17 balance due, alleges: That Bulla was elected and qualified as Clerk in 1868 and executed a bond with the other defendants as sureties. That in 1871, one E. B. McCain brought an action against the…
1Opinion of the CourtBynum, J.
In proceedings for partition the Court may authorize any officer thereof, or any other competent person, to be designated in the decree of sale, to make the sale. Bat. Rev. ch. 84, § 15.
It is most usual to appoint the Clerk of the Court for that purpose, because his responsibility is secured by his oath and his bond; and because as an officer of,the Court, he is under its immediate control. Hence, nothing to the contrary •cleai’ly appearing, where the Clerk is appointed to that duty, it is the presumption that he is appointed in his official capacity, whether he is designated in the order as…
2Cases cited2 opinions
- Havens v. . LatheneSupreme Court of North Carolina · 1876
- State Ex Rel. McNeill v. MorrisonSupreme Court of North Carolina · 1869
3Cited by10 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Spencer v. . CredleSupreme Court of North Carolina · 1889
- Smith v. Patton.Supreme Court of North Carolina · 1902
- Van Trees v. Territory of OklahomaSupreme Court of Oklahoma · 1898
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
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