Walters v. . Moore
Supreme Court of North Carolina
Civil, ACTION heard upon exceptions to a referee’s report at Fall Term, 1883, of Gbanville Superior Court, before MacRae, J. The defendant James I. Moore, who had held the office of sheriff of Granville county for several successive terms, was re-elected at the election held in 1874, and on the 7th day of September following, with the other defendants, his sureties, executed the official bond described in the complaint and now in. suit, in the penal sum of ten thousand…
Read the full summary
Civil, ACTION heard upon exceptions to a referee’s report at Fall Term, 1883, of Gbanville Superior Court, before MacRae, J. The defendant James I. Moore, who had held the office of sheriff of Granville county for several successive terms, was re-elected at the election held in 1874, and on the 7th day of September following, with the other defendants, his sureties, executed the official bond described in the complaint and now in. suit, in the penal sum of ten thousand dollars. At spring term, 1873, the relator recovered judgment against one N. G. Whitfield for the sum of $1,271.95, with…
1Opinion of the Court
Smith, C. J.,
after stating the case. The agreement that the sum due from the sheriff to the debtor should be added to the money paid and the aggregate amount applied to the execution, was not carried into effect; and hence it was not a payment in fact for which the bond then in force was chargeable. Rut the appropriation was afterwards made and endorsed as a credit by the deputy, and imposes the obligation, if any was incurred, upon the bond executed by the defendants, and upon which the action is brought.
The only inquiry then is as to the legal effect of the entry made by the deputy and…
2Cases cited1 opinion
- Edwards v. . TiptonSupreme Court of North Carolina · 1877
3Cited by7 opinions
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- Lee v. . HoffSupreme Court of North Carolina · 1942
- Lee v. HoffSupreme Court of North Carolina · 1942
- S. B. Luttrell & Co. v. MartinSupreme Court of North Carolina · 1893
- Luttrell v. . MartinSupreme Court of North Carolina · 1893
2 more not listed; retrieve them via the Exa API.