Hudson v. McArthur
Supreme Court of North Carolina
Appeal from Guión, J., at January Term, 1910, of SampsoN. This was a civil action heard upon. demurrer to the complaint. The action was originally brought by J. H. Hudson, “on behalf of himself and all other bondsmen of A. W. Aman who will come in and aid in the prosecution.” Later, by an order made at February Term, 1908, Levett Warren, J. H. Turling-ton and C. H. Fisher were made parties plaintiff, and A. W. Aman was made a party defendant.
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Appeal from Guión, J., at January Term, 1910, of SampsoN. This was a civil action heard upon. demurrer to the complaint. The action was originally brought by J. H. Hudson, “on behalf of himself and all other bondsmen of A. W. Aman who will come in and aid in the prosecution.” Later, by an order made at February Term, 1908, Levett Warren, J. H. Turling-ton and C. H. Fisher were made parties plaintiff, and A. W. Aman was made a party defendant. Y. J. McArthur, A. T. Herring and George Highsmith composed the Board of Commissioners of Sampson County, and George E. Butler was the county attorney.…
1DissentBrown, J.
In discussing this question it must be borne in mind that every allegation of the complaint is admitted in manner and form as stated. Among other allegations the plaintiffs aver that after they had become sureties on the official *453bonds of the sheriff, the defendants knowingly and illegally permitted the tax books to be delivered to the sheriff in direct violation of the statute of the State. Bev., vol. II, sec. 5241. And plaintiffs aver that in addition to the tax lists of 1905, those of 1906 were delivered to the sheriff, while they were his bondsmen, in violation of the' same law. They…
2Cases cited8 opinions
- Raynsford v. PhelpsMichigan Supreme Court · 1880
- Dow v. HumbertSupreme Court of the United States · 1876
- Holt v. . McLeanSupreme Court of North Carolina · 1876
- Teall v. . FeltonNew York Court of Appeals · 1848
- Hathaway v. . HintonSupreme Court of North Carolina · 1853
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