Banner v. . McMurray
Supreme Court of North Carolina
From Stokes. The' Plaintiff was appointed Sheriff of Stokes in June, 1813, and in January, 1814, appointed the Defendant McMurray, one of his deputies, who with the other Defendants as his sureties, executed a penal bond to the Plaintiff, “in which he was called Charles Banner, now Sheriff of Stokes,” with a condition, which after reciting that the Plaintiff had appointed McMurray one of iiis deputies, provided, that if McMurray should ably and faithfully demean himself in…
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From Stokes. The' Plaintiff was appointed Sheriff of Stokes in June, 1813, and in January, 1814, appointed the Defendant McMurray, one of his deputies, who with the other Defendants as his sureties, executed a penal bond to the Plaintiff, “in which he was called Charles Banner, now Sheriff of Stokes,” with a condition, which after reciting that the Plaintiff had appointed McMurray one of iiis deputies, provided, that if McMurray should ably and faithfully demean himself in his appointment of deputy Sheriff, perform all and every act and acts which he should be legally bound to perform “…
1Opinion of the Court
Henderson, Judge.—
The deputation given to McMurray expired with the appointment of his principal, as the principal could not suj,st;tute another in an office which the. principal did not then hold ; the deputation I presume, would so have expired, even if it contained words importing a substitution in future years, when the Sheriff might be re-appointed, but certainly it is so when general words only are used, as in the present case.
The only evidence we have of the extent of the deputation is contained in the recitals of the bond and condition, the former describes Bonner as “now Sheriff of…
2Cited by5 opinions
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- Jackson v. Martin.Supreme Court of North Carolina · 1904