State ex rel. Boger v. Bradshaw
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Rowan County, at the Fall Term 1848, his Honor Judge-Moore presiding. This is an action of debt on a general bond, given by the sheriff of Rowan, in the sum of ¡$10,000, for the discharge of the duties of his office, for the year 1847, of which the condition is in the form prescribed in the Statute.
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Appeal from the Superior Court of Law of Rowan County, at the Fall Term 1848, his Honor Judge-Moore presiding. This is an action of debt on a general bond, given by the sheriff of Rowan, in the sum of ¡$10,000, for the discharge of the duties of his office, for the year 1847, of which the condition is in the form prescribed in the Statute. Rev. St. C. 109, S. 13. The breaches assigned are, that the sheriff failed to collect the Town Taxes of Salisbury for the year 1847, and secondly, that he collected the taxes and failed to pay them to the relator, the treasurer of.the town. After oyer of…
1Opinion of the Court
Ruffin, C. I.
■ The liability of the sheriff himself for the taxes, in a proper action, is not disputed; and the only point is, whether he and his sureties are liable therefor upon his general official bond for 1847. We own *232that we see no reason, why they should not be, The act of 1827 imposed the duty on the sheriff of collecting the town taxes ; and one part of the condition of the bond, after enumerating several particular duties of the sheriff, is., that “he shall pay all money by him received by virtue of any process to the person or persons to whom the same shall be due, and in all other…
2Cited by6 opinions
- Daniel v. . GrizzardSupreme Court of North Carolina · 1895
- Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911
- Price v. . HoneycuttSupreme Court of North Carolina · 1939
- Islay v. . StewartSupreme Court of North Carolina · 1838
- State ex rel. Price v. HoneycuttSupreme Court of North Carolina · 1939
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