State Ex Rel. Taylor v. Galbraith
Supreme Court of North Carolina
Action, of Debt on tlie official bond of Daniel Galbraith, Constable, tried before Buxton, J., at Spring Term, 1871, of Cumberland Superior Court.
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Action, of Debt on tlie official bond of Daniel Galbraith, Constable, tried before Buxton, J., at Spring Term, 1871, of Cumberland Superior Court. The relator of the plaintiff declared on a bond dated Eeb. 23rd, 1857, and assigned as breaches: failing to collect; collecting and failing to pay over”; and not returning the claims, being sundry notes, and other written evidences of indebtedness on different persons, described in four different receipts, given by the defendant, Galbraith, to the relator of the plaintiff; Said receipts are dated respectively in February, April, June and July,…
1Opinion of the CourtReade, J.
The record does not show the plea of conditions performed, no breach, on the part of the defendant; and the •ease does not show a demand before suit on the part of the plaintiff, but it was agreed at the bar that the case should be considered as if the plea were in, and as if demand had been •made.
The bond sued on was dated' 23d February, 1857, and the suit was not commenced until 1867, after a lapse of more than six years, and therefore the action would have been barred, but for a series of statutes which provide that the time elapsing from May, 1861, to January, 1870, shall not be counted.…
2Cases cited2 opinions
- Plott v. Western North Carolina RailroadSupreme Court of North Carolina · 1871
- Smith v. . RogersSupreme Court of North Carolina · 1871
3Cited by1 opinion
- Purnell v. Page.Supreme Court of North Carolina · 1903