Mitchell v. . Kilburn
Supreme Court of North Carolina
This was a Special PiiooEKmMU, under the act of March :>d, 1875, heard before Seymour. J., at Chambers, in Craven-eonnty, October 16th, 1875. The proceeding was instituted upon the affidavit of the plaintiffs against the defendant, who is the treasurer of Craven county, on the ground that the surety on his official bond is insufficient.
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This was a Special PiiooEKmMU, under the act of March :>d, 1875, heard before Seymour. J., at Chambers, in Craven-eonnty, October 16th, 1875. The proceeding was instituted upon the affidavit of the plaintiffs against the defendant, who is the treasurer of Craven county, on the ground that the surety on his official bond is insufficient. Upon the affidavit filed, the court ordered the defendant to appear at Chambers on the 9th day of October, 1875, and justify his said bond by evidence other than that of himself and his sureties. The parties appeared on the return clay of said order, and the…
1Opinion of the Court
ByNüm, J.
The appeal was premature, and should not have been allowed, from a mere motion to dismiss the case. "When his Honor 'denied the motion to dismiss, he should have proceeded with the trial, leaving the parties to save their rights by exception, as well to the refusal to dismiss, as to the admission or rejection of evidence, which might have been offered in the progress of the trial, in support of the petition. So that when, the final judgment was rendered, the appeal would property present to this court the grave questions raised below, both as to the constitutionality of the act of…
2Cases cited1 opinion
- Childs v. . MartinSupreme Court of North Carolina · 1873
3Cited by14 opinions
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- McBryde v. . PattersonSupreme Court of North Carolina · 1878
- Joyner v. . RobertsSupreme Court of North Carolina · 1893
- Kingston v. KingstonWisconsin Supreme Court · 1905
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