McGuire v. . Williams
Supreme Court of North Carolina
Civil action on the official bonds of the defendant Williams,- Sheriff of Davie County, heard upon exceptions to report of referee by Mclver, J., at Fall Term, 1898, of Davie Superior Court. The defendant, W. R. Ellis, was surety on the school tax bond only. This tax had been settled in full, but had been so settled by application of funds collected and secured under the general tax bond. He claimed exemption from all liability, as the bond he signed had been settled.
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Civil action on the official bonds of the defendant Williams,- Sheriff of Davie County, heard upon exceptions to report of referee by Mclver, J., at Fall Term, 1898, of Davie Superior Court. The defendant, W. R. Ellis, was surety on the school tax bond only. This tax had been settled in full, but had been so settled by application of funds collected and secured under the general tax bond. He claimed exemption from all liability, as the bond he signed had been settled. His Honor ruled otherwise, and defendant Ellis excepted. The other sureties, the defendants Bailey, were on both the general…
1Opinion of the Court
Douglas, J.:
This is .an action brought by the County Treasurer on the bonds of the Sheriff to recover the sum of $3515.75, balance of unpaid taxes, with the statutory penalty of 2 per cent, per month. Only two of the Sheriff’s bonds are really involved, one for the collection and settlement of the school and poll tax, and the other for the general public taxes. The defendants, W. A. Bailey, B. R. Bailey and C. Gr. Bailey, are sureties on both bonds, while the defendant, W. R. Ellis, is surety only on the first. The case was referred to a referee, to whose report exceptions were filed by all…
2Cases cited6 opinions
- Liles v. . RogersSupreme Court of North Carolina · 1893
- City of Charlotte v. ShepardSupreme Court of North Carolina · 1898
- Clifton v. . WynneSupreme Court of North Carolina · 1879
- State Ex Rel. County Trustee of Brunswick v. WoodsideSupreme Court of North Carolina · 1849
- Commissioners of Wake County v. MagninSupreme Court of North Carolina · 1882
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