State Ex Rel. Commissioners of Wake County v. Magnin
Supreme Court of North Carolina
Civil Action, tried at Fall Term, 1877, of Wake Superior Court, before McKoy, J. This was an action on the bond of defendant Magnin, in which it was alleged that he was duly elected and appointed Treasurer of Wake County on the 9th of September, 1873, and that on the 19th of said month, said Magnin and the other defendants, his sureties, executed their bond payable to the State in the penal sum of $40,000 conditioned that ■said Magnin as Treasurer of said County and…
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Civil Action, tried at Fall Term, 1877, of Wake Superior Court, before McKoy, J. This was an action on the bond of defendant Magnin, in which it was alleged that he was duly elected and appointed Treasurer of Wake County on the 9th of September, 1873, and that on the 19th of said month, said Magnin and the other defendants, his sureties, executed their bond payable to the State in the penal sum of $40,000 conditioned that ■said Magnin as Treasurer of said County and Disburser of school money should well and truly disburse the money which came into his hands as the law required. It -\yas…
1Opinion of the CourtReade, J.
Battle’s Revisal, cb. 27, § 31, Title, Counties and County Commissioners, make it tbe duty of the Commissioners to induct into office all of tbe County officers and to take tbeir bonds. And cb. 30, § 9, Title, County Treasurer, makes it the duty of tbe Commissioners to sue on such bonds when tbo County Treasurer shall report to them a breach. And § 5 makes it tbe duty of tbe Commissioners to sue tbe County Treasurer for a breach of his bond. And cb, 80, § 10, Title, Official Bonds gives a right of action to any person injured. And in ch. 102, § 41, Title, Revenue, tbe right of action against…
2Cited by16 opinions
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- Pender v. . MallettSupreme Court of North Carolina · 1898
- Shelby v. . R. R.Supreme Court of North Carolina · 1908
- Ramsay v. Richmond & Danville RailroadSupreme Court of North Carolina · 1884
- Chambers v. . R. R.Supreme Court of North Carolina · 1916
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