Legal Opinion

Prairie v. . Worth

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 7 opinions

Civil Actiok, tried at June Special Term, 1877, of Wake* Superior Court, before Buxton, J. This action, was originally brought against David A. J enkins, Public Treasurer, and after his term of office expired, the present defendant (his successor) was made a party.

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Civil Actiok, tried at June Special Term, 1877, of Wake* Superior Court, before Buxton, J. This action, was originally brought against David A. J enkins, Public Treasurer, and after his term of office expired, the present defendant (his successor) was made a party. The plaintiffs insisted that in consequence of the effect of the Act of Assembly in extending the time for the collection of taxes, they,- as sureties, upon the bond of T. F. Lee, Sheriff' •of Wake County, who had failed to pay taxes collected for a certain period, were (not having had notice of said extension) ■discharged from all…

1Opinion of the CourtBynum, J.

This case is now before the Court upon its merits, the preliminary questions made in it having been decided when the case was formerly before us. Prairie v. Jenkins, 75 N. C. 545.

The plaintiffs are sureties upon the bond of the Sheriff of Wake County, for the collection of the public taxes, which bond was executed to the State, on the 1st of September, 1873, with the following conditions, to-wit.; “ Whereas, the above bounden Timothy F. Lee, has been duly elected and appointed Sheriff of the County of Wake, now if the said Timothy F. Lee shall well and faithfully collect, pay over and settle…

2Cases cited4 opinions

  1. State Ex Rel. Bunting v. GalesSupreme Court of North Carolina · 1877
  2. Head v. The UniversitySupreme Court of the United States · 1874
  3. Bennett v. McWhorterWest Virginia Supreme Court · 1868
  4. Prairie v. . JenkinsSupreme Court of North Carolina · 1876

3Cited by7 opinions

  1. State ex rel. Daniel v. GrizzardSupreme Court of North Carolina · 1895
  2. State Ex Rel. Greene v. OwenSupreme Court of North Carolina · 1899
  3. Daniel v. . GrizzardSupreme Court of North Carolina · 1895
  4. Worth v. . CoxSupreme Court of North Carolina · 1883
  5. State ex rel. Holmes County v. SwinneyMississippi Supreme Court · 1882

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