State Ex Rel. Pool v. Ehringhaus
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Fall Term, 1847, his Honor Judge Dick presiding. This was an action of debt on the official bond of the defendant as Clerk and Master of the Court of Equity of Pasquotank County. The facts were submitted to the Court upon the following case agreed.
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Appeal from the Superior Court of Law of Pasquotank County, at the Fall Term, 1847, his Honor Judge Dick presiding. This was an action of debt on the official bond of the defendant as Clerk and Master of the Court of Equity of Pasquotank County. The facts were submitted to the Court upon the following case agreed. At the Fall Term, 1835, on the petition of Samuel Lamb, and his wife, and Mary J. Pool, the present plaintiff, who was then a minor, and appeared by her next friend, Jesse L. Pool, an order was made by the Court of Equity for Pasquotank County, for the sale of a tract of land, held…
1Opinion of the CourtNash, J.
This is a case agreed, and we are required upon the facts, to draw such a conclusion as a jury would. The case states that the sum of four hundred and thirty-four dollars and ninety-four cents, paid to Jesse L. Pool, consisted of principal and interest, up to the time of the payment by the Clerk. It is not stated what sum the Master did collect, nor when. But it is clear the money was in the office at the Spring Term 1S39, or before, and the payment to Pool, was on the 5th of September following, and the interest was calculated up to that time. If so, it must have been upon the ground, that…
2Cited by1 opinion
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