Legal Opinion

Crumpler v. . Governor

Supreme Court of North Carolina

Decided December 5, 1826Published

From Wake. At Spring Term 1823, before Basgek, Judge, judgment was, on motion, entered up against the present appellants, sureties of A. McAlister, sheriff of Sampson, upon the following certificate : I Joseph Ifaiekins, Comptroller, of the Treasury of the State of North-Carolina, do hereby certify the above and foregoing account to be raised from documents filed in this office, except as to the fine, which is charged agreeably to law.

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From Wake. At Spring Term 1823, before Basgek, Judge, judgment was, on motion, entered up against the present appellants, sureties of A. McAlister, sheriff of Sampson, upon the following certificate : I Joseph Ifaiekins, Comptroller, of the Treasury of the State of North-Carolina, do hereby certify the above and foregoing account to be raised from documents filed in this office, except as to the fine, which is charged agreeably to law. I likewise certify, that agreeably to the certificate of the Clerk of the County Court of Sampson, Redmond Grumpier, &c. are named, and returned, as the…

1Opinion

It must be admitted that if the words"county contingent taxes for Sampson County" were entirely stricken out of the second bond, that the general words which follow, to wit, "that he in all things shall well (63) and truly perform the office of sheriff of the county of Sampson," would embrace the obligations for which this action is brought. But it is alleged that these general words shall be restricted by the special duties prescribed by the preceding clause, and that they are to be understood as relating to his duties touching the collection of the county contingent taxes, and none others.…

2Cases cited9 opinions

  1. Eaton v. . Kelly .Supreme Court of North Carolina · 1875
  2. Holt v. . McLeanSupreme Court of North Carolina · 1876
  3. State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886
  4. State Ex Rel. County Board of Education v. BatemanSupreme Court of North Carolina · 1889
  5. City of Wilmington v. . NuttSupreme Court of North Carolina · 1879

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