State Ex Rel. Town Council of Wadesboro v. Atkinson
Supreme Court of North Carolina
This was a civil action, tried at November Term, 1889, of Anson Superior Court, before Shipp, J. This action is brought against the defendant Atkinson as late constable of the town of Wadesboro, and the sureties to his official bond, for an alleged breach of the condition thereof, ill that he failed to collect and account for certain taxes due to the plaintiff’s relators, as he was charged and bound to do, etc.
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This was a civil action, tried at November Term, 1889, of Anson Superior Court, before Shipp, J. This action is brought against the defendant Atkinson as late constable of the town of Wadesboro, and the sureties to his official bond, for an alleged breach of the condition thereof, ill that he failed to collect and account for certain taxes due to the plaintiff’s relators, as he was charged and bound to do, etc. The pleadings raised certain issues of fact, which were tried by á jury, who rendered their verdict adversely to the defendants. Thereupon, the Court directed a referee to ascertain…
1Opinion of the CourtMerbimon, C. J.
after stating the facts: The exceptions to findings of fact by the referee approved by the Court, cannot be considered here. The findings of fact were conclusive, as there was no exception upon the ground that there was no evidence to support them. Cooper v. Middleton, 94 N. C., 86; Usry v. Suit, 91 N. C., 406; Wiley v. Logan, 95 N. C., 358.
The defendants contended that the relators had no authority to levy the taxes in question, and, therefore, the defendant constable was not bound to collect the same. It was insisted particularly that the levy exceeded that allowed by the charter of the…
2Cases cited3 opinions
- Usry v. . SuitSupreme Court of North Carolina · 1884
- Wiley v. . LoganSupreme Court of North Carolina · 1886
- Cooper v. MiddletonSupreme Court of North Carolina · 1886
3Cited by4 opinions
- Rader v. Queen City Coach Co.Supreme Court of North Carolina · 1945
- Sturtevant v. Selma Cotton MillsSupreme Court of North Carolina · 1916
- Rogers v. Bank of OxfordSupreme Court of North Carolina · 1891
- Montcastle v. . WheelerSupreme Court of North Carolina · 1914