State Ex Rel. Maggett v. Roberts
Supreme Court of North Carolina
This is an appeal from Womack, J., at January Term, 1890, of Northampton Superior Court. The action was begun in the Superior Court, in the name of the State on the relation of Maggett v. Roberts, the Register of Deeds of said county, and his sureties upon his official bond.
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This is an appeal from Womack, J., at January Term, 1890, of Northampton Superior Court. The action was begun in the Superior Court, in the name of the State on the relation of Maggett v. Roberts, the Register of Deeds of said county, and his sureties upon his official bond. The complaint alleged three several and distinct causes of action, to-wit: the first cause of action for the penalty of $200, given by The Code, § 1819, for not recording the substance of the license issued by him for the marriage of William Parker and Mary Sykes; the second cause of action, for the like penalty of $200,…
1Opinion of the Court
Clark, J.:
The amendment rested in the discretion of the trial Judge and is not reviewable. Brown v. Mitchell, 102 N C., 347. In that case the same amendments as in the present case were allowed to be made, and after verdict. The Court says, “ If the action had been originally begun and prosecuted against the Sheriff individually, and not against him and the sureties on his official bond, it is obvious that the defence would have been the same, and the same issues would have arisen. The nature of the action has not been so changed as to surprise the defendant by making it necessary to…
2Cases cited6 opinions
- Katzenstein v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1881
- Moore v. . NowellSupreme Court of North Carolina · 1886
- Reynolds v. . SmathersSupreme Court of North Carolina · 1882
- Bowles v. . CochranSupreme Court of North Carolina · 1885
- Carpenter v. . HuffstellerSupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- State v. . ScottSupreme Court of North Carolina · 1921
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
16 more not listed; retrieve them via the Exa API.