McKenzie v. . Buchanan
Supreme Court of North Carolina
Motiost for a summary judgment against the sheriff -of Bichmond, and his sureties,, tried before- S-auNdeks, J., at the last Superior Court of that county. The plaintiff sued in the- character of county trustee, for monies levied and collected by the defendant, Buchanan, as sheriff, for the building, repairing, &c., of the public buildings.
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Motiost for a summary judgment against the sheriff -of Bichmond, and his sureties,, tried before- S-auNdeks, J., at the last Superior Court of that county. The plaintiff sued in the- character of county trustee, for monies levied and collected by the defendant, Buchanan, as sheriff, for the building, repairing, &c., of the public buildings. The questions made by the* bill of exceptions, are all superseded by the one reaching to the capacity of the county trustee, to sue at all for taxes levied to the use of the public buildings, upon which the decision in this Court is predicated. The Court…
1Opinion of the CourtBattle, J.
Many objections were made on the trial, to plaintiff’s recovery, which it is unnecessary for us to consider, because there is one, apparent on the record, which is manifestly fatal to the action. The summary proceeding, in this case, was instituted upon the authority supposed to be conferred upon the plaintiff, as county trustee, by the 5th section of the 29th chapter of the Bevised Code. That section enacts that, “ The county trustee shall annually call on the sheriff, clerk and master, and clerks of the courts in his county, and all other persons bound to account with him, for payment of…
2Cited by1 opinion
- Cameron Ex Rel. Treasurer of Public Buildings of the County of Cumberland v. CampbellSupreme Court of North Carolina · 1824