State Ex Rel. Miller v. Davis
Supreme Court of North Carolina
Appeal from the Superior Court of Law, of Surry County, at the Spring Term, 1847, his Honor Pudge Caldwell, presiding. In the year 1839, Thomas E. Davis, one of the defendants, was duly appointed a constable in Surry County, and entered into bond, with the other defen« dants as his sureties for the faithful discharge of his duties.
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Appeal from the Superior Court of Law, of Surry County, at the Spring Term, 1847, his Honor Pudge Caldwell, presiding. In the year 1839, Thomas E. Davis, one of the defendants, was duly appointed a constable in Surry County, and entered into bond, with the other defen« dants as his sureties for the faithful discharge of his duties. At the expiration of that official year, he was re-appointed and gave another bond for the year 1840. In July 1839, the relator put into the hands of Davis for collection, a note, upon a man by the name of Sugart, who was at that time solvent, and so continued, up…
1Opinion of the CourtNash, J.
v The office of constable enduies but for one' year, and the bond given for the faithful discharge of his duties, binds his sureties only for acts done, or omitted to be done during that time. If, at the expiration of the official year, he is re-appointed, it is a new and distinct appointment; as much so, for the purpose of our present investigation, as if a different person were chosen. The different sureties, or the sureties on the different bonds, are answerable only for the year, to which their bond- extends, and at the expiration of each .official year, the official bond given for that…
2Cited by3 opinions
- City of Washington v. Trust Co. of WashingtonSupreme Court of North Carolina · 1933
- Governor v. . LeeSupreme Court of North Carolina · 1838
- Moffitt v. . GainesSupreme Court of North Carolina · 1840