Legal Opinion

State Ex Rel. Carolina Iron Co. v. Abernathy

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 6 opinions

Civil action, tried before Philips, Judge, and a jury, at Spring Term, 1885, of the Superior Court of GaSTON county. This action'is brought for an alleged breach of the official bond of ’the defendant sheriff. It is alleged in the complaint, and denied, in the answer, that the relator was and is a corporation, duly created and organized under the laws of this State, authorizing the creation of corporations for specified purposes.

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Civil action, tried before Philips, Judge, and a jury, at Spring Term, 1885, of the Superior Court of GaSTON county. This action'is brought for an alleged breach of the official bond of ’the defendant sheriff. It is alleged in the complaint, and denied, in the answer, that the relator was and is a corporation, duly created and organized under the laws of this State, authorizing the creation of corporations for specified purposes. On the trial, thb relator “ offered, in evidence of its incorporation, a book kept by' the Clerk of the Superior Court of Gaston county, entitled “Record of…

1Opinion of the Court

Merrimon, J".,

(after stating the facts). The statute, (The Code, §677,) prescribes how certain business and other corporations may Bé created, where three or more persons shall execute articles of agreement, under their hands and seals, for the purpose prescribed, and §678, requires that such articles of agreement shall be recorded by the Clerk of the Superior Court, in a book to be kept for that purpose'in his office, and marked “Record of Incor-porations.” Section 679 provides, that after such articles shall have been recorded, “the Clerk, under the seal of the Superior Court, shall issue…

2Cases cited1 opinion

  1. State v. . VoightSupreme Court of North Carolina · 1884

3Cited by6 opinions

  1. Cox v. . WrightSupreme Court of North Carolina · 1940
  2. Charles S. Riley & Co. v. CarterSupreme Court of North Carolina · 1914
  3. Blalock v. WhisnantSupreme Court of North Carolina · 1939
  4. State v. DunnSupreme Court of North Carolina · 1965
  5. Blalock v. . WhisnantSupreme Court of North Carolina · 1939

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