Legal Opinion

Clerk's Office v. Commissioners of Carteret County

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 13 opinions

This was a rule on the Commissioners of Carteret County to show cause why they should not pay the fees claimed by the Attorney General and Clerk of the Supreme Court in State v. Turner and Noe and Hassell.

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This was a rule on the Commissioners of Carteret County to show cause why they should not pay the fees claimed by the Attorney General and Clerk of the Supreme Court in State v. Turner and Noe and Hassell. Indictments against-those defendants were found in Carteret County, but tried in Jones County, where they were convicted, and on appeal the judgments were affirmed. 119 N. C., 841. They gave no undertaking on appeal, nor certificate of inability to do so,, and upon execution the Sheriff returned “No property,” etc.. The question was submitted to this Court as to the liability of the County.

1Opinion of the Court

Furches, J.:

This is a rule upon the Commissioners of Carteret to show cause why the County should not pay the- costs due the officers of this Court in three criminal cases where the defendants liad, been allowed to appeal to this Court without giving bond, or without any order of the Court allowing them to appeal as paupers, and they are insolvent. The rule was 'granted under the ruling in Clerk's Office v. Commissioners of Richmond, 79 N. C. 598, and the conclusion arrived at in that case seems to justify the rule in this case. It is distinctly held in Clerk’s Office v. Commissioners of…

2Cases cited6 opinions

  1. State v. . MasseySupreme Court of North Carolina · 1889
  2. Guilford v. Board of CommissionersSupreme Court of North Carolina · 1897
  3. Merrimon v. Commissioners of Henderson CountySupreme Court of North Carolina · 1890
  4. State v. Shuffler.Supreme Court of North Carolina · 1896
  5. Supreme Court Clerk's Office v. Commissioners of RichmondSupreme Court of North Carolina · 1878

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3Cited by13 opinions

  1. City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
  2. Department of Transportation v. Charlotte Area Manufactured Housing, Inc.Court of Appeals of North Carolina · 2003
  3. Lord v. Customized Consulting Specialty, Inc.Court of Appeals of North Carolina · 2004
  4. Belk ex rel. Belk v. BelkCourt of Appeals of North Carolina · 2012
  5. Cail v. CerwinCourt of Appeals of North Carolina · 2007

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