State ex rel. Presson v. Boone
Supreme Court of North Carolina
Civil action, tried before Womack, J, at January Term, 1890, of NORTHAMPTON Superior Court. The defendant James D. Boone was continuously Clerk of the Superior Court of the county of Northampton from December, 1879, until the 8th of December, 1884, and his co-defendants are sureties to his official bonds, alleged breaches of which are the subject of this action.
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Civil action, tried before Womack, J, at January Term, 1890, of NORTHAMPTON Superior Court. The defendant James D. Boone was continuously Clerk of the Superior Court of the county of Northampton from December, 1879, until the 8th of December, 1884, and his co-defendants are sureties to his official bonds, alleged breaches of which are the subject of this action. At Spring Term of 1880 of the Superior Court of that county, the Court, on motion of the Solicitor of the State, made an order relieving a former “ rec< iver” (presently to be mentioned) and appointing the said Clerk “receiver * * * *…
1Opinion of the CourtMekrimoN, C. J.
after stating the case: The defendant Boone was Clerk at and before the Spring Term, 1880, of the Superior Court mentioned above. At that term he was *83appointed, as Clerk, receiver of the funds belonging to the relator, then an infant. Afterwards, on the 4th of December, 1882, he received of funds due to her $770.59, which, it is alleged, he misapplied to his own use and purposes. He purported to be appointed such receiver under and in pursuance of the statute (Bat. Rev., ch. 53, §§ 22, 47). The liability of such Clerk as receiver arising under these statutory provisions was not, at the time…
2Cases cited11 opinions
- Harris v. . SneedenSupreme Court of North Carolina · 1889
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Dempsey v. . RhodesSupreme Court of North Carolina · 1885
- Thomas v. . ConnellySupreme Court of North Carolina · 1889
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
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3Cited by7 opinions
- Smith v. Patton.Supreme Court of North Carolina · 1902
- Silver v. . SilverSupreme Court of North Carolina · 1941
- Marshall v. . KempSupreme Court of North Carolina · 1925
- State Ex Rel. Page v. SawyerSupreme Court of North Carolina · 1943
- State v. . GantSupreme Court of North Carolina · 1931
2 more not listed; retrieve them via the Exa API.