State Ex Rel. Jordan v. Pool
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Fall Term, 1843, his Honor Judge Nash presiding. This was an action of debt on the bond of the defendant Pool, as sheriff of Pasquotank county, and of the other defendants, as his sureties. The case appeared to be this: In the year 1840, Joshua A. Pool was elected Sheriff of Pasquotank county for two years, and, at September Term of the County Court, he gave the usual bond for the performance of his duties.
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Appeal from the Superior Court of Law of Pasquotank County, at the Fall Term, 1843, his Honor Judge Nash presiding. This was an action of debt on the bond of the defendant Pool, as sheriff of Pasquotank county, and of the other defendants, as his sureties. The case appeared to be this: In the year 1840, Joshua A. Pool was elected Sheriff of Pasquotank county for two years, and, at September Term of the County Court, he gave the usual bond for the performance of his duties. At September Term, 1841, he and the other defendants, as his sureties, entered into another bond, payable to the State,…
1Opinion of the CourtRuffin, C. J.
Although arising, no doubt, merely from inadvertence, there is a manifest error, for which the judgment would, at all events, be reversed. The court non-suited the plaintiff after a judgment by default against one of the defendants; upon which the case was standing for an enquiry of damages from the alleged breaches. The relators had established a cause of action against that defendant, and could not be non-suited.
But we think there was also error on the merits. Even if the bond had been held to be valid, the court decided that the relators were not entitled to an action on it. ¥e think they…
2Cited by9 opinions
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- Mayo v. StatonSupreme Court of North Carolina · 1905
- Mason v. . StephensSupreme Court of North Carolina · 1915
- Mayo v. . StatonSupreme Court of North Carolina · 1905
- Miller v. . LittleSupreme Court of North Carolina · 1937
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