City of Wilmington v. Nutt
Supreme Court of North Carolina
Civil ActiON, upon an Official Bond tried at June Special ‘Term, 1877, of New Haxoveu Superior Court, before /Seymour, J. This action was brought against the defendant who was-.•one of the sureties on an official bond of James C. Mann as Clerk of the Superior Court, conditioned for the faithful performance of his duties, &e.
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Civil ActiON, upon an Official Bond tried at June Special ‘Term, 1877, of New Haxoveu Superior Court, before /Seymour, J. This action was brought against the defendant who was-.•one of the sureties on an official bond of James C. Mann as Clerk of the Superior Court, conditioned for the faithful performance of his duties, &e. It was alleged among othe,r ■tilings that said Mann as Clerk aforesaid had failed to pay to plaintiff the amount of certain taxes on Inspectors’ licenses which he had collected for the plaintiff in pursuance of Private Acts of 1870-71 ch. 6,and judgment was demand-ad for…
1Opinion of the CourtFaircloth, J.
By statute Rev. Code, ch. 19, § 8, the bond of the Superior Court Clerks was conditioned “for the safe keeping of the records of their respective Courts, for the due collection, accounting for, and paying all moneys which may come into their hands by virtue of their office, and for the faithful discharge of the duties of their office in all respects whatsoever.” Under this and similar provisions in official bonds, the officer has been held by repeated decisions responsible, not only for those duties particularly specified in the condition, but for such duties as have relation to, and…
2Cases cited5 opinions
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
- Holt v. . McLeanSupreme Court of North Carolina · 1876
- State Ex Rel . Bd., Com. of Bladen Co. v. . ClarkeSupreme Court of North Carolina · 1875
- Havens v. . LatheneSupreme Court of North Carolina · 1876
- Atlantic & North Carolina R. R. v. CowlesSupreme Court of North Carolina · 1873
3Cited by4 opinions
- Presson v. . BooneSupreme Court of North Carolina · 1891
- Marshall v. . KempSupreme Court of North Carolina · 1925
- State ex rel. Presson v. BooneSupreme Court of North Carolina · 1891
- Cameron Ex Rel. Treasurer of Public Buildings of the County of Cumberland v. CampbellSupreme Court of North Carolina · 1824