Harris v. . Jenkins, Public Treasurer
Supreme Court of North Carolina
This was a motion to set aside a judgment, before Henry, J., at Pall Term, 1874, of Wake Superior Court. The material facts in the ease are as follows; The plaintiff, Florence C. Harris, on the 1st day of September, 1873, signed a bond, conditioned for the payment of $45,000 (dollars), -whereby she became a surety for the collection of taxes by one T. F. Lee, then Tax Collector of Wake county. At the time of signing said bound, plaintiff was and still is a married woman.
Read the full summary
This was a motion to set aside a judgment, before Henry, J., at Pall Term, 1874, of Wake Superior Court. The material facts in the ease are as follows; The plaintiff, Florence C. Harris, on the 1st day of September, 1873, signed a bond, conditioned for the payment of $45,000 (dollars), -whereby she became a surety for the collection of taxes by one T. F. Lee, then Tax Collector of Wake county. At the time of signing said bound, plaintiff was and still is a married woman. Plaintiff signed the bond without the written assent of her husband. At January Term, 1874, of the Superior Court of Wake…
1Opinion of the CourtRodman, J.
This is an action in which the plaintiff seeks to vacate and set aside an execution levied on her real estate, which issued upon a judgment obtained against her, in the name of the State on the relation of the defendant as Public Treasurer. The judgment was obtained upon a bond made by one Lee as Sheriff, for the collection &c., of the public taxes, which she and others also, executed as the sureties of said Lee, she having been at the execution of said bond, and still being, a married woman.
It is clear, of course, that at Common Law, the bond of a married woman was absolutely void. If a…
2Cited by12 opinions
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Nicholson v. . CoxSupreme Court of North Carolina · 1880
- Matthews v. MurchisonU.S. Circuit Court for the District of Eastern North Carolina · 1883
- Mercantile National Bank v. BenbowSupreme Court of North Carolina · 1909
7 more not listed; retrieve them via the Exa API.