Basket v. Moss
Supreme Court of North Carolina
Special ACTION, begun by summons and beard by Bynum, J., at February Term, 1894, of YaNCE Superior Court, after notice to defendant upon the plaintiffs’ application to restrain the defendant W. E. Moss, trustee, from the sale of certain real estate described in the affidavits.
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Special ACTION, begun by summons and beard by Bynum, J., at February Term, 1894, of YaNCE Superior Court, after notice to defendant upon the plaintiffs’ application to restrain the defendant W. E. Moss, trustee, from the sale of certain real estate described in the affidavits. The affidavit on which the application was founded, after setting forth that the defendant John R. Moss was postmaster at Henderson on the 1st of September, 1893, and that the full term to which he had been appointed expired on 1st March, 1894, stated— “3. That on or about the 1st day of September, 1893, the defendant…
1Opinion of the Court
Clark, J.:
The public has a right to some better test of the capacity of their servants than the fact that they possess the means of purchasing their offices. The Code, § 1871, provides, “All bargains, bonds and assurances made or given for the purchase or sale of any office whatsoever, the sale of which is contrary to law, shall be void.” Notwithstanding the office is an office under the United States government, if an action were brought in our Courts to recover upon a bond •or mortgage’given for such consideration, our Courts would hold it void. Such agreements are void at common law, as…
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