State Ex Rel. Sullivan v. Lowe
Supreme Court of North Carolina
Civil action upon an official bond, tried before Cloud, J., at Spring Term 1870, of Davidson Court. The case was, that the defendant Lowe had been Clerk of the County Court of Davidson, and that the other defendant was one of his sureties. Whilst Lowe was Clerk, one Henderson Adams was guardian of the feme plaintiff, and the time for renewing his bond having come around, (August Term 1853,) lie failed to do so. Thereupon, it was the duty of Lowe to notify him thereof: (Eev.
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Civil action upon an official bond, tried before Cloud, J., at Spring Term 1870, of Davidson Court. The case was, that the defendant Lowe had been Clerk of the County Court of Davidson, and that the other defendant was one of his sureties. Whilst Lowe was Clerk, one Henderson Adams was guardian of the feme plaintiff, and the time for renewing his bond having come around, (August Term 1853,) lie failed to do so. Thereupon, it was the duty of Lowe to notify him thereof: (Eev. Code, c. 54, s. 10). He neglected to do so. Subsequently, Adams and the sureties upon his said bond failed, and the ward…
1Opinion of the CourtBeade, J.
The question is, whether a Clerk of a Court and his sureties, are liable upon his official bond, for the failure of the Clerk to issue ex officio, a notice to a guardian to renew his bond. This question was before this Court in State ex rel. Lee v. Watson, 7 Ire. 289, and again in State ex rel. Jones v. Biggs, 1 Jon. 364.
In the first case, it was decided by a divided Court, that he was; and in the last case, by a divided Court, that he was not liable.
It was supposed by the plaintiff’s counsel, that these conflicting decisions left it an open question, and he insisted that the first decision…
2Cited by2 opinions
- Beasley v. . BraySupreme Court of North Carolina · 1887
- Hafner v. . IrwinSupreme Court of North Carolina · 1841