State Ex Rel. Board of Commissioners v. Sutton
Supreme Court of North Carolina
Civil aotioN, beard on complaint and demurrer, before Ooble, -/., at November Term, 1896, of LeNoir Superior Court. This action was brought to recover of the defendant, J. D. Sutton, Sheriff, and the other defendants, as sureties on bis bonds, the sum. of $3,098.76, a portion of the school fund, levied by the State under the general law for school purposes, to be expended for common school purposes in said county, and collected by the defendant, Sutton, as Sheriff of Lenoir…
Read the full summary
Civil aotioN, beard on complaint and demurrer, before Ooble, -/., at November Term, 1896, of LeNoir Superior Court. This action was brought to recover of the defendant, J. D. Sutton, Sheriff, and the other defendants, as sureties on bis bonds, the sum. of $3,098.76, a portion of the school fund, levied by the State under the general law for school purposes, to be expended for common school purposes in said county, and collected by the defendant, Sutton, as Sheriff of Lenoir county, during his term of office, commencing on the first Monday in December, 1892, and ending on the 21st day of…
1Opinion of the Court
ClaeK, J.:
The Code, Section 2073, prescribed that the Sheriff shall execute three several boDds, payable to the State. (1) “One conditioned for the collection, payment and settlement of the county, poor, school and special taxes.” (2) “For the collection, payment and settlement of the public taxes.” (3) “For the due execution and return of process, payment of fees and money collected and the faithful execution of his office as Sheriff.” This latter is commonly known as the “process” bond.
The first of the foregoing bonds covers the taxes levied for school purposes, whether school taxes are…
2Cases cited8 opinions
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
- State ex rel. Daniel v. GrizzardSupreme Court of North Carolina · 1895
- State Ex Rel. Kivett v. YoungSupreme Court of North Carolina · 1890
- Joyner v. . RobertsSupreme Court of North Carolina · 1893
- State Ex Rel. Tillery v. CandlerSupreme Court of North Carolina · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Leach v. Commercial Savings Bank of Des MoinesSupreme Court of Iowa · 1927
- Commissioners of Montgomery Co. v. FrySupreme Court of North Carolina · 1900
- Crumpler v. . GovernorSupreme Court of North Carolina · 1826
- North Carolina ex rel. Wimmer v. LeonardCourt of Appeals for the Fourth Circuit · 1934