Legal Opinion

Kello v. . Maget

Supreme Court of North Carolina

Decided December 5, 1835PublishedCited by 6 opinions

This was a petition, filed under the act of 1830, ch. 68, ' entitled, “ An act for the relief of such persons as may suffer from the destruction of the records of Hertford, County, occasioned by the burning of the Court-house and clerks’ offices of said County.”

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This was a petition, filed under the act of 1830, ch. 68, ' entitled, “ An act for the relief of such persons as may suffer from the destruction of the records of Hertford, County, occasioned by the burning of the Court-house and clerks’ offices of said County.” By that act it is declared, that the Court-house and clerks’ offices of the County of Hertford have been burned; whereby the records, and public and private muniments of title therein deposited have been entirely destroyed; and for the remedy of the mischiefs which such a calamity must necessarily occasion, it is, among other things,…

1Opinion of the Court

Gaston, Judge,

after stating the case, proceeded : — We have felt some difficulty in the consideration of this cause, on a point which was not discussed nor raised upon the argument. It is, of course, the duty of Courts to carry out into full execution the legislative will, so far as they can collect it. In the act by which the proceedings in this case profess to be regulated, it is declared with sufficient plainness,' that persons who are interested in the various office-bonds which ¡ re taken 1 y th ! Court, and who deem themselves injured by a breach of their conditions, may institute suits…

2Cited by6 opinions

  1. State Ex Rel. Battle v. BairdSupreme Court of North Carolina · 1896
  2. Pinnell v. BurroughsSupreme Court of North Carolina · 1915
  3. Shuford v. BrownSupreme Court of North Carolina · 1931
  4. Pinnell v. . BurroughsSupreme Court of North Carolina · 1915
  5. Harrell v. . HareSupreme Court of North Carolina · 1874

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