State Ex Rel. Commissioners of Wake v. Magnin
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Wake Superior Court, before SchencJc, J. The action was brought on the official bond of defendant, Magnin, as treasurer of Wake county, and heard before His Honor upon exceptions to the report of a referee. Both parties appealed from the ruling below.
1Opinion of the CourtSmith, C. J.
When this cause was before us upon the ■defendants’ appeal from the judgment overruling their demurrer (78 N. C., 186) it was decided that the action was brought by the proper relators and a cause of action sufficiently set out in the complaint. Answers were subsequently filed, replication made thereto, and thereupon at fall term, 1877, the cause was referred to George V. Strong ■“ to state an account,” which order was modified at January term, 1879, by substituting S, G. Ryan as referee. At February term following one of the defendants, A. W. Shaffer, a surety to the bond, withdrew his…
2Cases cited5 opinions
- Governor Ex. Rel. Trustees of University of N. C. v. LassiterSupreme Court of North Carolina · 1880
- State Ex Rel. Cox v. PeeblesSupreme Court of North Carolina · 1872
- Bushee v. . SurlesSupreme Court of North Carolina · 1878
- McCampbell v. McClungSupreme Court of North Carolina · 1876
- Cain v. . NicholsonSupreme Court of North Carolina · 1877
3Cited by6 opinions
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Lutz v. . ClineSupreme Court of North Carolina · 1883
- Miller v. . GroomeSupreme Court of North Carolina · 1891
- State v. . RobertsSupreme Court of North Carolina · 1887
- Leak v. . CovingtonSupreme Court of North Carolina · 1882
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