State Ex Rel . Barnes v. . Lewis
Supreme Court of North Carolina
Civil actioN, on a guardian bond, tried before Moore, J., at Spring Term, 1874, Edgecombe Superior Court. This action was brought against the defendant as surety on 'a bond executed by John E. Speight, as guardian of his relator the execution of the bond not being denied.
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Civil actioN, on a guardian bond, tried before Moore, J., at Spring Term, 1874, Edgecombe Superior Court. This action was brought against the defendant as surety on 'a bond executed by John E. Speight, as guardian of his relator the execution of the bond not being denied. On the trial, the defendant proposed to prove by himself, that as an inducement to his execution of the bond, John F. Speight stated that one Jesse H. Powell would also sign the bond as surety, and upon that promise and understanding defendant agreed to sign the same as surety, and when he signed the same in the presence of…
1Opinion of the CourtRodmaN, J.
The defendant is sued as surety for one Speight, on a bond given by Speight as guardian for the relator. He maltes two defences:
1. When Speight was appointed guardian, the County Court was composed of himself and two other justices of the peace for the county of Edgecombe. In order to have made a Court, Speight must necessarily have taken a part in making the appointment. The argument is that the appointment was void, and that consequently the bond is void also.
There-can be no doubt of the general proposition that no man is allowed to act as Judge in a matter in which he has an interest,…
2Cases cited5 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Cutter v. WhittemoreMassachusetts Supreme Judicial Court · 1813
- Sharp v. United StatesSupreme Court of Pennsylvania · 1835
- Pepper v. State ex rel. HarveyIndiana Supreme Court · 1864
- Seely v. PeopleIllinois Supreme Court · 1862
3Cited by24 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- Cowan v. RobertsSupreme Court of North Carolina · 1904
- Wilmingiton & Weldon Railroad v. KitchinSupreme Court of North Carolina · 1884
- Norfolk Southern Railroad v. BarnesSupreme Court of North Carolina · 1889
- Cowan v. . RobertsSupreme Court of North Carolina · 1904
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