State Ex Rel. Jackson v. Maultsby
Supreme Court of North Carolina
Civil ActioN upon an Official Bond tried at Fall Term, 1877, of Columbus Superior Court, before Moore, J. This action was brought by Isaac Jackson, former Clerk of the Superior Court of Columbus County, against W. Q. Maultsby, former Sheriff of said County, and the sureties on his official bond, to recover certain costs due the plaintiff and sundry other persons who vrere witnesses in various suits, and the Sheriff who preceded the defendant in said office.
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Civil ActioN upon an Official Bond tried at Fall Term, 1877, of Columbus Superior Court, before Moore, J. This action was brought by Isaac Jackson, former Clerk of the Superior Court of Columbus County, against W. Q. Maultsby, former Sheriff of said County, and the sureties on his official bond, to recover certain costs due the plaintiff and sundry other persons who vrere witnesses in various suits, and the Sheriff who preceded the defendant in said office. Upon the hearing, Ilis Honor being of opinion that the Clerk could only recover the costs due him, and that all the other parties…
1Opinion of the CourtBynum, J.
The conditions of the Sheriff’s bond are ; “ That he shall well and truly execute and due return make, of all process and precepts to him directed, and pay and satisfyall fées and sums of money by him received or levied by virtue of any process, into the proper office, into which the same by the tenor thereof, ought to be paid, or to the person or persons to W’hom the same shall be due,” &c.
The Sheriff collected the moneys due upon the executions, hut failed to pay over to the witnesses and other parties entitled, or to the Clerk of the Court to whom the moneys were payable by the conditions…
2Cited by3 opinions
- Burrell v. . HughesSupreme Court of North Carolina · 1895
- Perkins v. . BerrySupreme Court of North Carolina · 1889
- Merritt v. . MerrittSuperior Court of North Carolina · 1792