State Ex Rel. M. v. Prince Chairman v. McNeill
Supreme Court of North Carolina
Civil ActioN for Breach of Official Bond, tried at Eall Term, 1876, of IIarNett Superior Court, before Furches, J. This action was' brought by the plaintiff as Chairman of the Board of County Commissioners against the defendant, K. M. McNeill and the sureties on his bonds as Sheriff of’ Harnett County, executed respectively on the 2d of September, 1872, and the 1st of September, 1873. The allegation was that the Sheriff failed to collect and, to pay over the whole amount of…
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Civil ActioN for Breach of Official Bond, tried at Eall Term, 1876, of IIarNett Superior Court, before Furches, J. This action was' brought by the plaintiff as Chairman of the Board of County Commissioners against the defendant, K. M. McNeill and the sureties on his bonds as Sheriff of’ Harnett County, executed respectively on the 2d of September, 1872, and the 1st of September, 1873. The allegation was that the Sheriff failed to collect and, to pay over the whole amount of taxes as evidenced by the list placed in his hands in July, 1874 ; that there was a balance due of $7,606.06, and that…
1Opinion of the Court
Reade J.
The plaintiff insists that his right to recover is clear under the decision in State v. Bradshaw, 10 Ire. 229 ; that upon a Sheriff’s bond conditioned that “ he shall pay all money by him received by virtue of any process, to the person or persons to whom the same shall be due, and in all other things will truly and faithfully execute the said office of Sheriff- during his continuance therein,” the sureties were liable for the Sheriff’s default in collecting and not paying over money, which by law he was bound to collect and pay over. That is the whole case, and how it governs this is…
2Cases cited2 opinions
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
- Holt v. . McLeanSupreme Court of North Carolina · 1876
3Cited by6 opinions
- Davis v. . MooreSupreme Court of North Carolina · 1939
- Sutton v. . WilliamsSupreme Court of North Carolina · 1930
- City of Washington v. Trust Co. of WashingtonSupreme Court of North Carolina · 1933
- Crumpler v. . GovernorSupreme Court of North Carolina · 1826
- North Carolina ex rel. Wimmer v. LeonardCourt of Appeals for the Fourth Circuit · 1934
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