Waddill v. . Masten
Supreme Court of North Carolina
Civil actioN beard on exceptions to report of referee, before Long, J., September Term, 1916, of Foustth. Tbe action was instituted by plaintiff on 10 December, 1913, against H. W. Masten, a former register of deeds of tbe coiinty, for two terms, from 1 December, 1908, to December, 1912, and bis codefendant, surety on bis bond, to recover for fees due tbe county of Forsytb to tbe amount of $6,000 or $7,000, wbicb plaintiff alleged said Masten bad collected or should have-…
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Civil actioN beard on exceptions to report of referee, before Long, J., September Term, 1916, of Foustth. Tbe action was instituted by plaintiff on 10 December, 1913, against H. W. Masten, a former register of deeds of tbe coiinty, for two terms, from 1 December, 1908, to December, 1912, and bis codefendant, surety on bis bond, to recover for fees due tbe county of Forsytb to tbe amount of $6,000 or $7,000, wbicb plaintiff alleged said Masten bad collected or should have- collected by virtue and color of bis office, and wrongfully withheld from tbe county. Plaintiff alleged, further, a demand…
1Opinion of the Court
IIoke, <T.
Under chapter 436, Laws 1905, the principal county officers of Forsyth County are to be compensated by salary, and the fees collected over and above the salary allowed become the property of the county. The defendant Masten was the duly qualified and acting register of deeds of Forsyth County from 1 December, 1908, to 1 December, 1912. The other defendant, being his surety and plaintiff, a citizen and taxpayer' of the county, having first made demand on the county commissioners to act, etc., instituted the present suit, alleging that said defendant Masten wrongfully withheld from…
2Cases cited19 opinions
- Porter v. SabinSupreme Court of the United States · 1893
- Connecticut Mutual Life Insurance v. TalbotIndiana Supreme Court · 1887
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- Ex parte BuckleySupreme Court of Alabama · 1875
- People, Ex Rel. Collins v. . SpicerNew York Court of Appeals · 1885
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3Cited by27 opinions
- Ashley v. . BrownSupreme Court of North Carolina · 1930
- Horner v. Chamber of CommerceSupreme Court of North Carolina · 1952
- Smith v. MercerSupreme Court of North Carolina · 1970
- Hicks v. . KearneySupreme Court of North Carolina · 1925
- Medlin v. . MedlinSupreme Court of North Carolina · 1918
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