Judges Ex Rel. Oats v. Bryan
Supreme Court of North Carolina
The defendant Bryan, being clerk and' master of the court of equity for the county of Johnston, on the 26th of' March, 1823, gave abond and sureties, witlitheusual condition for the faithful discharge of the duties of his office: On the 24th of March, 1824, he. gave a similar bond with different sureties, and so also on-the 29th days of March, 1825, and 1826. By an order of the court of equity for Johnston county, a large estate held by the relators, as tenants.in common,…
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The defendant Bryan, being clerk and' master of the court of equity for the county of Johnston, on the 26th of' March, 1823, gave abond and sureties, witlitheusual condition for the faithful discharge of the duties of his office: On the 24th of March, 1824, he. gave a similar bond with different sureties, and so also on-the 29th days of March, 1825, and 1826. By an order of the court of equity for Johnston county, a large estate held by the relators, as tenants.in common, with others, was sold by the clerk and master, and the purchase money directed to be paid to the owners as they were…
1Opinion of the Court
Henderson, Chief-Justice.
The act of 1793, (Rev. c. 384,) and the act of 1819, (Rev.c. 990.) requiring clerks and masters in equity, and the other officers mentioned in them, to renew their bonds at stated periods, does not make each renewal of the bond, a new appointment to office, but the new bonds are made additional securities for the performance of the official duties of the incumbent. The office is vacated by neglecting to rene w the bond, not by doing so. The bonds thus given are cumulative; the old sureties continue bound for the performance of all the duties then resting upon the…
2Cited by4 opinions
- State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1924
- Fidelity & Deposit Co. of Maryland v. FlemingSupreme Court of North Carolina · 1903
- Commissioners of McDowell County v. NicholsSupreme Court of North Carolina · 1902
- Pender County v. . KingSupreme Court of North Carolina · 1929