State Ex Rel. Ellis v. Long
Supreme Court of North Carolina
Appeal from the Superior Court of Law of" Rowan Couniy, at the Spring Term, 1848, his Honor Judge Manly presiding. This was an action of debt upon a bond, executed by the defendant Long, on the 5th of August 1844, for the discharge of his official duties as sheriff of the County of Rowan, and by the other defendants as his sureties.
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Appeal from the Superior Court of Law of" Rowan Couniy, at the Spring Term, 1848, his Honor Judge Manly presiding. This was an action of debt upon a bond, executed by the defendant Long, on the 5th of August 1844, for the discharge of his official duties as sheriff of the County of Rowan, and by the other defendants as his sureties. The breaches assigned were first, that the defendant Long as sheriff had received from the relator the sum of $636 to be applied to the payment of a debt due to Charles Dewey, cashier, upon which a capias ad respondendum was issued against the relator, and came to…
1Opinion of the CourtBattle, J.
We agree with his Honor that this action cannot be sustained. At the time when the money 'was; placed by the relator in the hands of the defendant Long, he had ho right to receive it in his official capacity. The precept, which he then had, commanded him to take the body of the relator and to keep him safely to answertke action, but it gave him no authority to receive the relator’s money. The sheriff then was but the private agent of the party to pay the debt, and he alone is responsible in,his private capacity for his breach of trust. It is well known to the profession that, prior to the…
2Cited by1 opinion
- Kesler v. . LongSupreme Court of North Carolina · 1847