Legal Opinion

Commissioners of Iredell County v. White

Supreme Court of North Carolina

Decided December 6, 1898PublishedCited by 11 opinions

Action upon the official bond of M. A. White, ex-Sheriff of Iredell County, for account and settlement of public taxes for year of 1865, alleging special errors therein, and for a proper settlement for taxes levied in 1896, heard before Alie», J., at August Term, 1898. The complaint alleged previous settlements of the Sheriff, which it seeks to surcharge and falsify.

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Action upon the official bond of M. A. White, ex-Sheriff of Iredell County, for account and settlement of public taxes for year of 1865, alleging special errors therein, and for a proper settlement for taxes levied in 1896, heard before Alie», J., at August Term, 1898. The complaint alleged previous settlements of the Sheriff, which it seeks to surcharge and falsify. The answer denies the correctness of the allegations of the complaint, and pleads the previous settlements as a bar to the action. The plaintiff moved for a reference of the cause under Sections 421 and 422 of The Code, as…

1Opinion of the Court

Fubches, J:

The plaintiffs are the Commissioners of Iredell County. The defendant, Moses A. White, was elected Sheriff of said county in November, 1894, and inducted into said office on the 1st Monday of December, 1894; that as such officer he gave the bond declared on for the faithful discharge of his. duties as tax collector with the other defendants as his sureties; that as such Sheriff and tax collector, he* received the tax lists of said county for the years 1895 and 1896, for collection, and proceeded to collect said taxes and from time to time to pay them over to the treasurer of said…

2Cases cited5 opinions

  1. Grant v. . HughesSupreme Court of North Carolina · 1887
  2. Royster v. . WrightSupreme Court of North Carolina · 1896
  3. Jordan v. . FarthingSupreme Court of North Carolina · 1895
  4. Humble v. . MebaneSupreme Court of North Carolina · 1883
  5. Worth v. . StewartSupreme Court of North Carolina · 1898

3Cited by11 opinions

  1. DeLoache v. DeLoacheSupreme Court of North Carolina · 1925
  2. Alley v. . RogersSupreme Court of North Carolina · 1915
  3. State Ex Rel. Board of Commissioners v. BlueSupreme Court of North Carolina · 1925
  4. Deloache v. . DeloacheSupreme Court of North Carolina · 1925
  5. McAuley v. . SloanSupreme Court of North Carolina · 1917

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