Poole v. . Cox
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Wake County, at the Fall Term, 1848, his Honor Judge Dicic presiding. •• This was a case agreed, and the following are t.he facts. James Edwards was elected sheriff of the County of "Wake, for two years, commencing at August Sessions, Í846, when he gave a bond in the penal sum of five thousand dollars, for the collection and payment of the County, Parish, and School Taxes.
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Appeal from the Superior Court of Law of Wake County, at the Fall Term, 1848, his Honor Judge Dicic presiding. •• This was a case agreed, and the following are t.he facts. James Edwards was elected sheriff of the County of "Wake, for two years, commencing at August Sessions, Í846, when he gave a bond in the penal sum of five thousand dollars, for the collection and payment of the County, Parish, and School Taxes. At August Sessions, 1847, he executed a bond, for the same purposes, in the penal sum of five thousand dollars in conformity with the law requiring a renewal of his official bonds,…
1Opinion of the CourtPearson, J.
We consider the principle well settled, that where a term of office is for more than one year, the bonds given, for a proper discharge of the duties of the office, at the time of appointment, and the new bonds given from time to time afterwards, are cumulative— that is, the first bonds continue to be a security for the discharge of the duties, as at first intended, and the new bonds become an additional security for the discharge of such of the duties, as have not been performed at the time they are entered into.
This principle is deduced from two considerations. The new bonds are not required…
2Cited by2 opinions
- Commissioners of McDowell County v. NicholsSupreme Court of North Carolina · 1902
- Moore v. . BoudinotSupreme Court of North Carolina · 1870