Carmichael v. . Moore

This appeal is taken from a judgment of the superior court overruling a demurrer to the complaint, and but a single point need be considered.

The plaintiffs sue upon the official bond given by the defendant, Moore, as clerk of the superior court of Robeson county, with the other defendants as his sureties — the breach -assigned being his failure to pay over certain moneys which came to his hands for the plaintiffs. The bond is made payable to the state, but the action is brought, and the complaint filed, in the names of the parties interested, and this is one of the grounds of the demurrer.

The…