State Ex Rel. Warren v. Boyd
Supreme Court of North Carolina
Ovil aotioN by the State on tbe relation of William Warren against Nathan Boyd, Constable, and the sureties on his official bond, for false imprisonment, tried before Robinson, The complaint was as follows: The plaintiff alleges:— 1.That the general election held in and for the County of Edgecombe, State of North Carolina, on the first Tuesday in November, 1892-, the defendant, Nathan Boyd, was duly elected Constable in and for the County aforesaid, TownshipNo. 1, for and…
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Ovil aotioN by the State on tbe relation of William Warren against Nathan Boyd, Constable, and the sureties on his official bond, for false imprisonment, tried before Robinson, The complaint was as follows: The plaintiff alleges:— 1.That the general election held in and for the County of Edgecombe, State of North Carolina, on the first Tuesday in November, 1892-, the defendant, Nathan Boyd, was duly elected Constable in and for the County aforesaid, TownshipNo. 1, for and during the period of two years next ensuing after the first Monday in December of said year. 2.That thereafter, to-wit, on…
1Opinion of the Court
OlarK, J.:
The demurrer rdmits the allegations of the complaint, from which it su fficiently appears that the defendant Boyd was duly elected, qualified and inducted into office and executed his bond, which was accepted and approved by the proper authorities, and that the alleged arrest was within the period for which he was elected. The Code, 2670. An irregularity would not invalidate the bond (the Code, 1891), and, indeed, none could be alleged by the demurrer. Details, such as registration of the-bond and simi lar matters, are presumed to be regular, and any defect, if material, must be set…
2Cases cited3 opinions
- State ex rel. Daniel v. GrizzardSupreme Court of North Carolina · 1895
- State Ex Rel. Kivett v. YoungSupreme Court of North Carolina · 1890
- Joyner v. . RobertsSupreme Court of North Carolina · 1893
3Cited by9 opinions
- Hall v. TierneySupreme Court of Minnesota · 1903
- State Ex Rel. Dunn v. SwansonSupreme Court of North Carolina · 1940
- Price v. . HoneycuttSupreme Court of North Carolina · 1939
- Midgett v. . NelsonSupreme Court of North Carolina · 1938
- Town of Clayton Ex Rel. Henry v. WallSupreme Court of North Carolina · 1940
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