Hannah v. . Hyatt
Supreme Court of North Carolina
Civil actioN beard by Cline, J., upon exceptions to a referee’s report, at May Term, 1915, of Haywood. Defendants appealed. Tbe defendant E. A. L. Hyatt was elected clerk of tbe Superior Court of Haywood County in November, 1906, and in tbe next month be duly qualified as sucb by giving his official bond, with W. T. Lee, E. Osborne, Allen Howell, Jr., and S. C. Welch, defendants, as sureties.
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Civil actioN beard by Cline, J., upon exceptions to a referee’s report, at May Term, 1915, of Haywood. Defendants appealed. Tbe defendant E. A. L. Hyatt was elected clerk of tbe Superior Court of Haywood County in November, 1906, and in tbe next month be duly qualified as sucb by giving his official bond, with W. T. Lee, E. Osborne, Allen Howell, Jr., and S. C. Welch, defendants, as sureties. S. C. Welch died on 18 December, 1912, and tbe other defendants, I. H. Way and J. C. Welch, are bis executors. E. A. L. Hyatt continued in office, with tbe same bond and sureties, until 21 June, 1909,…
1Opinion of the Court
Wauker, J.,
after stating tbe case: There are five questions presented by tbe defendants’ exceptions to tbe report of tbe referee and to tbe rulings of tbe judge thereon.
First. Tbe referee held that tbe money derived from tbe sale of that part of tbe “Love Speculation Land” which is known in tbe case as the “Cold Mountain tract,” it being $4,258.83, was received by tbe defendant R. A. L. Hyatt by virtue and under color of bis office, and therefore his sureties were liable with him for any default in respect to that fund. The judge confirmed this ruling of the referee, and we concur therein.…
2Cases cited12 opinions
- Bond v. Pickett Cotton Mills, Inc.Supreme Court of North Carolina · 1914
- Smith v. Patton.Supreme Court of North Carolina · 1902
- Thomas v. . ConnellySupreme Court of North Carolina · 1889
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
- State Ex Rel. Cox v. . BlairSupreme Court of North Carolina · 1877
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3Cited by4 opinions
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- McPherson v. Henry Motor Sales Corp.Supreme Court of North Carolina · 1931
- Pasquotank County v. Hood Ex Rel. Savings Bank & Trust Co.Supreme Court of North Carolina · 1936
- Judges v. . DeansSupreme Court of North Carolina · 1822