Furman v. . Timberlake
Supreme Court of North Carolina
Clerks, Liability ' of for Moneys Deceived — Statute of Limitations — Demand. This was a civil ACTION tried before Shepherd, Judge, at Spring Term, 1885, of Franklin Superior Court. The plaintiff in his complaint alleged that he had been clerk of Superior Court of Franklin county, from 1868 to 1874, in which latter year the defendant succeeded him in the office.
Read the full summary
Clerks, Liability ' of for Moneys Deceived — Statute of Limitations — Demand. This was a civil ACTION tried before Shepherd, Judge, at Spring Term, 1885, of Franklin Superior Court. The plaintiff in his complaint alleged that he had been clerk of Superior Court of Franklin county, from 1868 to 1874, in which latter year the defendant succeeded him in the office. That there were fees and costs to a considerable amount, to-wit: “- dollars,” due him when he went out of office, and which were afterward received by the defendant in his official capacity. The statute of limitations was relied on by…
1Opinion of the Court
Ashe, J.,
(after stating the case). The defendant’s counsel insisted that the action was barred by the statute of limitations ; that the statute began to run from the time of the receipt of the money, and not from the demand, because no demand was necessary to give the plaintiff a right of action against a clerk for money received by him in his official character, and he relied upon the following cases to support his position — Little v. Richardson, 6 Jones, 305; Com'rs v. Magnin, 86 N. C., 285; State v. MeIntosh, 9 Ired., 307; State v. Woodsides, 9 Ired., 496; Robertson v. Dunn, 87 N. C.,…
2Cases cited4 opinions
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Walker v. BollingSupreme Court of Alabama · 1853
- Commissioners of Wake County v. MagninSupreme Court of North Carolina · 1882
- Bryant v. . PeeblesSupreme Court of North Carolina · 1885
3Cited by9 opinions
- Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Threadgill v. Town of WadesboroSupreme Court of North Carolina · 1916
- Purcell Bank & Trust Co. of Purcell v. ByarsSupreme Court of Oklahoma · 1917
- Rowan County Board of Education v. United States Gypsum Co.Court of Appeals of North Carolina · 1987
4 more not listed; retrieve them via the Exa API.