Eaton v. . Kelly .
Supreme Court of North Carolina
This was a Civil Action, upon the official bond of a sheriff, submitted upon facts agreed, and determined by bis Honor, Cloud, J., at the Eall Term, 1874, of Davie Superior Court. The facts, pertinent to the decision of this Court, are substantially the following: That the defendant, Kelly, was elected sheriff of Davie county in 1868, gave bond and duly qualified.
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This was a Civil Action, upon the official bond of a sheriff, submitted upon facts agreed, and determined by bis Honor, Cloud, J., at the Eall Term, 1874, of Davie Superior Court. The facts, pertinent to the decision of this Court, are substantially the following: That the defendant, Kelly, was elected sheriff of Davie county in 1868, gave bond and duly qualified. That in 1870, one Martin was elected sheriff and gave bond, but Kelly claiming to hold over, ousted him from the office. On the 12th day of October, 1870, Kelly renewed his bond, (which should have been given on the first Monday of…
1Opinion of the CourtRodman, J.
The question is not whether the sheriff is liable in damages for his false representation, but whether he and his sureties are liable on his official bond.
The condition of the bond is as follows: “If the sheriff aforesaid shall, well and truly, faithfully account, and make due return of all process and precepts, to him, directed, and pay and satisfy all fees and sums of money by him received or levied by virtue of any process, into the proper office into which the same, by its tenor thereof, ought to be paid, or to the person or persons, to whom the same shall be due, or their executors,…
2Cited by23 opinions
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Chandler v. RutherfordCourt of Appeals for the Eighth Circuit · 1900
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- Dysart v. LurtySupreme Court of Oklahoma · 1895
- Holt v. . McLeanSupreme Court of North Carolina · 1876
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