City of Wilmington v. . Nutt
Supreme Court of North Carolina
Civil Action tried at December Special Term, 1878, of New HaNOVer Superior Court, before MoKoy, J. This action was brought against defendant as surety on the official bond of one James C. Mann, a former clerk of said court, to recover certain moneys alleged to have been collected by said clerk from certain inspectors in Wilmington, under and by virtue of a private act of the legislature, ratified on the 21st of December, 1870; and was heard upon exceptions filed by defendant…
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Civil Action tried at December Special Term, 1878, of New HaNOVer Superior Court, before MoKoy, J. This action was brought against defendant as surety on the official bond of one James C. Mann, a former clerk of said court, to recover certain moneys alleged to have been collected by said clerk from certain inspectors in Wilmington, under and by virtue of a private act of the legislature, ratified on the 21st of December, 1870; and was heard upon exceptions filed by defendant to the report of a referee. The 'exceptions were overruled, and the defendant’s counsel mov--ed in arrest of judgment…
1Opinion of the CourtSmith, C. J.
This cause was before the court at January term, 1878, upon a demurrer to the complaint, and it was held that the moneys received by the clerk, J. C. Mann, for inspectors’ licenses were covered by his official bond, and that the defendant, one of his sureties, was liable therefor.The cause now comes up on appeal from the final judgment, and we are asked to revise and reverse the former decision. The question has been fully and ably reargued by defendant’s counsel, and we have carefully reconsidered the former judgment, with a view to discover and correct any error into which we may have…
2Cases cited2 opinions
- United States v. SingerSupreme Court of the United States · 1872
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
3Cited by8 opinions
- Presson v. . BooneSupreme Court of North Carolina · 1891
- State ex rel. Presson v. BooneSupreme Court of North Carolina · 1891
- State v. . GriffinSupreme Court of North Carolina · 1925
- Syme v. . BuntingSupreme Court of North Carolina · 1884
- Boger v. . BradshawSupreme Court of North Carolina · 1849
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