Thomas v. . Summey
Supreme Court of North Carolina
Action of Debt on a penal bond, tried before his Honor Judge Dick, at the Spring Term, 1854, of Henderson Superior Court.
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Action of Debt on a penal bond, tried before his Honor Judge Dick, at the Spring Term, 1854, of Henderson Superior Court. Plaintiff was sheriff of the county of Henderson for two official terms, embracing four years, to wit, from September 1840, to September 1844, and appointed the defendant, James J. Summey, bis deputy, and took from him a bond dated day ot February 1842, with the other defendants as his sureties, conditioned, that he shall well and truly collect and pay over all sums of money that shall or may have been collected, to the proper person, and all fines and amercements, and all…
1Opinion of the CourtNash, C. J.
The case of Banner v. McMurray, 1 Dev. 218, which was decided in 1827, established tho principle, that where a sheriff .appointed a deputy, who gave bond for his faithful conduct during his continuance in said appointment, and the sheriff was reappointed, and the deputy continued to act under him for. several years, without giving any other bond, that the bond given was restricted to the first year, for the deputation then necessarily expired, and Judge Henderson, in his opinion, expressed the doubt, whether the deputation would not so expire, even if it contained words importing a…
2Cited by4 opinions
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