Slade v. . Governor
Supreme Court of North Carolina
At the fall term, 1827, of Wake Superior Court, a judgment was entered up against the plaintiffs, at the instance of the Treasurer, for the amount of public tax due on the 1st of October of that year, by one Griffin, the sheriff of Martin. A rule was obtained by them upon the Attorney General, to set aside that judgment.
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At the fall term, 1827, of Wake Superior Court, a judgment was entered up against the plaintiffs, at the instance of the Treasurer, for the amount of public tax due on the 1st of October of that year, by one Griffin, the sheriff of Martin. A rule was obtained by them upon the Attorney General, to set aside that judgment. At the fall term, 1831, the case was submitted to Swain, Judge, on the following facts: Grffin was appointed sheriff of Martin, June 14th, 1826, and gave the bond upon which the judgment was entered ; on the 13th of June. 1827, one James was elected his successor, and…
1Opinion
The case of Fitts v. Hawkins, 2 Hawks, 394, seems to be an authority upon every point that can be made in this case. We do not go through the acts of Assembly about taxes, because they were looked into and received a construction in that case. It was there decided that the sheriff appointed in 1826 was the proper officer to collect the tax of that year, and that if the successor had actually collected them his sureties were not bound. That suit was against the sureties for the (369) year in which the taxes were collectable and collected, and it was decided for them. This of itself goes far to…
2Cases cited2 opinions
- Ashford v. . RobinsonSupreme Court of North Carolina · 1847
- Dixon v. Commissioners of BeaufortSupreme Court of North Carolina · 1879