Legal Opinion

State Ex Rel. Waring v. Wilroy

Supreme Court of North Carolina

Decided December 5, 1849PublishedCited by 2 opinions

Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term 1849, his Honor Judge Man-j.y presiding. This is an action upon the bond of Wilroy and the other defendants, taken in pursuance of the statute, for the performance by the former of the duties of constable for one year. It is dated the 9th day of March 1844, which appears to have been Saturday, the last day of the Term of Pasquotank County Court.

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Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term 1849, his Honor Judge Man-j.y presiding. This is an action upon the bond of Wilroy and the other defendants, taken in pursuance of the statute, for the performance by the former of the duties of constable for one year. It is dated the 9th day of March 1844, which appears to have been Saturday, the last day of the Term of Pasquotank County Court. The breach assigned is, that the constable collected’ various claims put into his hands, as constable, for collection, and refused to pay upon demand. The facts are, that…

1Opinion of the Court

Pearson, J,

Whether the money was in the hands of the officer at the time of the demand, or not, is wholly immaterial, and there was no evidence in reference to it. His Honor must, therefore, be considered as putting the case upon the ground, that the fraction of-the day was not to be estimated, and the plaintiff was entitled to recover, if the money was collected on the same day, although before the bond was executed. We do not ■yield our assent to this proposition. But, as there is another ground of more general application, upon which our decision may be put, we think it proper to do so.

By…

2Cited by2 opinions

  1. Wood v. ArnallSupreme Court of Georgia · 1939
  2. Tangeman v. Board of AldermenSupreme Court of Colorado · 1911

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