Bray v. . Creekmore
Supreme Court of North Carolina
This is a civil ACTION, which was tried upon the pleadings — substantially the same as those in Bray v. Barnard, ante 44 — at Pall Term, 1891, of Currituck Superior Court, Brown, X, presiding.
Read the full summary
This is a civil ACTION, which was tried upon the pleadings — substantially the same as those in Bray v. Barnard, ante 44 — at Pall Term, 1891, of Currituck Superior Court, Brown, X, presiding. The portions of the complaint referred to in the opinion are as follows: “5. That said Barnard, Sheriff as aforesaid, was required to renew his bonds annually, and on the 1st day of December, 1889, and produce his receipts, as set out in § 2070 of The Code of North Carolina, which he failed to do, thereby creating a vacancy in said office of Sheriff of said county, by act and operation of law, and the…
1Opinion of the Court
Clakk, J.:
1. The action was brought “State on relation of W. H. Bray” against the defendant. On motion, the words “State on relation of” were stricken out of summons and complaint, and defendant excepted. Such amendment rested in the discretion of the trial Judge, and is not appealable. Brown v. Mitchell, 102 N. C., 347; Maggett v. Roberts, 108 N. C., 174. In both these cases the amendment was identical with that here objected to.
2. The complaint having been lost, the defendant asked that the action be dismissed. The plaintiff asked to file another complaint in lieu of that which had been…
2Cases cited3 opinions
- Plemmons v. Southern Improvement Co.Supreme Court of North Carolina · 1891
- State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
- Hester v. . MullenSupreme Court of North Carolina · 1890
3Cited by13 opinions
- Hogsed v. . PearlmanSupreme Court of North Carolina · 1938
- Templeton v. . BeardSupreme Court of North Carolina · 1912
- Bailey v. McPhersonSupreme Court of North Carolina · 1951
- Clevenger v. . GroverSupreme Court of North Carolina · 1937
- Lee v. . HoffSupreme Court of North Carolina · 1942
8 more not listed; retrieve them via the Exa API.