Harrington v. . King
Supreme Court of North Carolina
Civil ACTION brought in the name of the State on the relation of W. H. Harrington, and tried before Coble, J., and a jury, at March Term, 1895, of Pitt Superior Court. The relator offered testimony to prove that W. IT.
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Civil ACTION brought in the name of the State on the relation of W. H. Harrington, and tried before Coble, J., and a jury, at March Term, 1895, of Pitt Superior Court. The relator offered testimony to prove that W. IT. Harrington, sheriff elect, had tendered to the Board of County Commissioners at its meeting on the first Monday in December, 1894, and again on the 21st day of January, 1895, at a lawfully constituted meeting of said Commissioners, good and sufficient bonds, required by law of sheriffs elect, and that the same were wrongfully and erroneously rejected by said Board, and that it…
1Opinion of the Court
Faircloth, C. J.:
It is admitted that plaintiff was duly-elected sheriff of Pitt county. It is also agreed that plaintiff tendered his official bonds in due time, and that the Board of County Commissioners refused to accept said bonds and induct plaintiff into office on the ground that said bonds were insufficient, in substance, to secure the penalties of the said bonds, and that the Board so adjudged and declared the office vacant and filled it by electing the defendant, accepting his bonds and qualifying him to discharge the duties of sheriff.
On the trial the plaintiff offered evidence to…
2Cases cited2 opinions
- State Ex Rel. Gatling v. BooneSupreme Court of North Carolina · 1887
- Buckman v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
3Cited by2 opinions
- Bennett v. Commissioners of Swain CountySupreme Court of North Carolina · 1899
- State Ex Rel. Burke v. Commissioners of Bessemer CitySupreme Court of North Carolina · 1908