Legal Opinion

State Ex Rel. County Board of Education v. Bateman

Supreme Court of North Carolina

Decided February 5, 1889PublishedCited by 11 opinions

This was a Civil actioN, heard at the Pall Term, 1887, of the Superior Court of Chowan County, before Graves, J. The material portions of the complaint are as follows: “ 1. That on the_day of November, 1884, the defendant, A. J. Bateman, was duly elected Treasurer of' Chowan County, and shortly thereafter qualified according to law as treasurer aforesaid, and at the same time, as treasurer, executed two bonds, payable to the State of North Carolina, one in the sum of six…

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This was a Civil actioN, heard at the Pall Term, 1887, of the Superior Court of Chowan County, before Graves, J. The material portions of the complaint are as follows: “ 1. That on the_day of November, 1884, the defendant, A. J. Bateman, was duly elected Treasurer of' Chowan County, and shortly thereafter qualified according to law as treasurer aforesaid, and at the same time, as treasurer, executed two bonds, payable to the State of North Carolina, one in the sum of six thousand seven hundred and fifty dollars, and the other in the sum of seven thous md five hundred dollars, each of which to…

1Opinion of the CourtA.ver.y, J.

(after stating the case). By a series of adjudications, extending over more than fifty years, we think that the principles governing this case have been clearly settled.

When a law is enacted that imposes the duty of receiving and disbursing a new fund upon the sheriffs or treasurers or other officers of counties, and the statute fails to provide that an additional bond, conditioned for securing the faithful application of such fund, shall be required, any bond given by the officer after the law is in force, though in terms it may provide only for securing the faithful discharge of official…

2Cases cited1 opinion

  1. Commissioners of Wake County v. MagninSupreme Court of North Carolina · 1882

3Cited by11 opinions

  1. Findley v. FindleyWest Virginia Supreme Court · 1896
  2. Smith v. Patton.Supreme Court of North Carolina · 1902
  3. Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911
  4. Vansant v. CommonwealthCourt of Appeals of Kentucky · 1920
  5. Marshall v. . KempSupreme Court of North Carolina · 1925

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