Bray v. . Barnard
Supreme Court of North Carolina
Civil actior, tried at Fall Term, 1891, of Cureituck Superior Court, Brown, J., presiding. The action is brought by plaintiff to recover from the defendant divers penalties, which the complaint alleges he incurred as a member of the Board of Commissioners of the county of Currituck by neglecting to perform his duty in numerous respects as such Commissioner.
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Civil actior, tried at Fall Term, 1891, of Cureituck Superior Court, Brown, J., presiding. The action is brought by plaintiff to recover from the defendant divers penalties, which the complaint alleges he incurred as a member of the Board of Commissioners of the county of Currituck by neglecting to perform his duty in numerous respects as such Commissioner. Among other things, it is alleged, as follows: “5. That said Barnard, Sheriff as aforesaid, was required to renew his bonds annual^, and on the 1st day of December, 1889, and produce his receipts as set out in § 2070 of The Code of North…
1Opinion of the CourtMebrihon, C. J.
after stating the case: The statute (The Code, § 711) prescribes that “Any (County) Commissioner, who shall neglect to perform any duty required of him by law, as a member of the board, shall be guilty of a misdemeanor, and shall also be liable'to a penalty of two hundred dollars for each offence, to be paid to any person who shall sue for the same.”
The plaintiff contends, first, that the defendant incurred a penalty, under this statutory provision, because the Sheriff mentioned failed, for the year specified in the fifth paragraph of the complaint, to file the annual bonds required of him,…
2Cases cited1 opinion
- State Ex Rel. Hewlett v. NuttSupreme Court of North Carolina · 1878
3Cited by4 opinions
- Templeton v. . BeardSupreme Court of North Carolina · 1912
- Hudson v. McArthurSupreme Court of North Carolina · 1910
- Johnson v. . MarrowSupreme Court of North Carolina · 1947
- Hudson v. . McArthurSupreme Court of North Carolina · 1910