Colvard v. Board of Commissioners
Supreme Court of North Carolina
This was a Civil action', tried before Qudger, Judge, at Fall Term, 1886, of the Superior Court of Graham County. This was an action to compel the defendants, by mandamus, to induct the plaintiff into the office of sheriff of said county. The following issues were submitted to the jury : I. "Was the plaintiff elected sheriff of Graham County, November, 1884? II.
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This was a Civil action', tried before Qudger, Judge, at Fall Term, 1886, of the Superior Court of Graham County. This was an action to compel the defendants, by mandamus, to induct the plaintiff into the office of sheriff of said county. The following issues were submitted to the jury : I. "Was the plaintiff elected sheriff of Graham County, November, 1884? II. Did the plaintiff offer bond with sufficient security to the Board of Commissioners of Graham County on the first Monday in December, 1884? III. Was the said plaintiff ready, willing and able to settle in full for taxes heretofore due…
1Opinion of the Court
Ashe, J.,
(after stating the facts). We think there was error in the refusal of the. Court to give the instructions asked by the defendant. The plaintiff offered but one bond, and did not show the i’eceipts required by law. The Code, §2008, declares, that “no person shall be eligible to the office of sheriff, who theretofore lias been sheriff and hath failed to settle with and fully pay up to every officer the taxes which were due from him, nor shall any Board permit such former sheriff to give bond for or enter upon the duties of the office, until he has produced before the board the receipt,…
2Cited by7 opinions
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- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- State Ex Rel. Archer v. County Court of Wirt CountyWest Virginia Supreme Court · 1965
- Hale v. BergIndiana Court of Appeals · 1908
- Chicago, M. & St. P. Ry. Co. v. CommissionersSouth Dakota Supreme Court · 1912
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