State Ex Rel. Butts v. Brown
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Forsythe County, at the Spring Term 1850, His Honor, Judge Battle, presiding. . This was an action of debt against the defendant, a surety-on the official bond of R. W. Long, sheriff of the County of Rowan, for the year 1843. The breaches assigned were, that Richard W. Long, sheriff, in the month of October, 1843, under the 10th see. 102nd eh.
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Appeal from the Superior Court of Law of Forsythe County, at the Spring Term 1850, His Honor, Judge Battle, presiding. . This was an action of debt against the defendant, a surety-on the official bond of R. W. Long, sheriff of the County of Rowan, for the year 1843. The breaches assigned were, that Richard W. Long, sheriff, in the month of October, 1843, under the 10th see. 102nd eh. Rev. Stat. had improperly and illegally distrained, seized, and by public sale made out of eetiain property of the relator, to-wit, segars, the sum of $202 37 ; and knowing that the said segars were not subject…
1Opinion of the CourtNash, J.
We entirely concur with his Honor ' who tried the case below. And, while we confirm his judgment, must be permitted to express our own regret, that the obligations into which our ministerial officers enter upon taking office, are so insufficient to the security of the public. The defendant is sued as surety upon the official bond of Richard W. Long, as sheriff of Rowan County; and the only question submitted to us is, do the facts set forth in the case agreed amount to a breach. — > We are constrained to say that they do not$ and although we admit, that a gross and palpable act of violence…
2Cited by7 opinions
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- Delamothe v. . LaneSupreme Court of North Carolina · 1816
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
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