State ex rel. McIntyre v. Merritt
Supreme Court of North Carolina
Civil action tried before Tourgee, J., at Spring Term, 1871, -of Chatham Superior Court.- The action was brought upon the official bond of the defendant Merritt, as Clerk and Master for Chatham County. 'The plaintiff alleged in his complaint that at Spring Term, 1866, of the Court of Equity for Chatham County, he obtained a decree against one G. B. Guthrie for $417, with interest from ^September, 1862. That defendant was then, and continued to be till the office was…
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Civil action tried before Tourgee, J., at Spring Term, 1871, -of Chatham Superior Court.- The action was brought upon the official bond of the defendant Merritt, as Clerk and Master for Chatham County. 'The plaintiff alleged in his complaint that at Spring Term, 1866, of the Court of Equity for Chatham County, he obtained a decree against one G. B. Guthrie for $417, with interest from ^September, 1862. That defendant was then, and continued to be till the office was abolished, Clerk and Master in and for said county, and the other defendants are the sureties on his bond. That the defendant…
1Opinion of the CourtDick, J.
The decree mentioned in this case, was obtained by the plaintiff!, at Spring Term, 1866, of the Court of Equity for Chatham County; and it was the duty of the present defendant, as Clerk and Master of said Court, to have issued an exe*560cution as provided by law. Rev. Code,'ch. 45, see. 29 ; ch. 32,. sec. 4; ch. 20, sec. 2.
As the defendant failed in the performance of this official duty, he became liable for any injury thereby sustained by the plaintiff.
The defendant is not relieved by the ordinance of the 23rd of June, 1866, as his liability accrued before the passage of said ordinance. Badham…
2Cases cited1 opinion
- Badham v. . JonesSupreme Court of North Carolina · 1870
3Cited by1 opinion
- Bank of Oxford v. BobbittSupreme Court of North Carolina · 1892