State Ex Rel. Bryan v. Rousseau
Supreme Court of North Carolina
Civil action against the defendant, Rousseau,- as County 'Treasurer of Wilkes county, commenced in a Justice’s Court, from whence it was carried by appeal to the Superior Court of Wilees, where it was tried before Mitchell, c/1, at Spring Term, 1874. The-facts, -so far as are necessary to an understanding of the -opinion, are as follows: This action was begun before a Justice of the Peace against the defendant, Rousseau, Treasurer of Wilkes county, and the sureties upon his…
Read the full summary
Civil action against the defendant, Rousseau,- as County 'Treasurer of Wilkes county, commenced in a Justice’s Court, from whence it was carried by appeal to the Superior Court of Wilees, where it was tried before Mitchell, c/1, at Spring Term, 1874. The-facts, -so far as are necessary to an understanding of the -opinion, are as follows: This action was begun before a Justice of the Peace against the defendant, Rousseau, Treasurer of Wilkes county, and the sureties upon his official bond for the year 1870. It was admitted that Rousseau was the treasurer, and the execution of the bond by…
1Opinion of the Court
Bynum| Ji
The State on the relation of Fell & Bro. v. Porter et al, 69 N. C. Reports 140, is decisive [of this case. It is there' held that if the action is on a bond the penalty of which exceeds two hundred dollars, the penalty of the bond is the sum demanded, although the damages claimed for the breach thereof, is less than two hundred ■dollars. Sucli is the construction put upon the Constitution, Art. 4, secs. 13, 33; and Bat. Rev., chap. 80, sec. 13, cannot have the efiect of changing the jurisdiction of the Courts, as fixed by the Constitution. It follows that this action, having been…
2Cases cited1 opinion
- State on Rel. of Fell Bro. v. . Porter .Supreme Court of North Carolina · 1873
3Cited by5 opinions
- Joyner v. . RobertsSupreme Court of North Carolina · 1893
- New Home Sewing MacHine Co. v. SeagoSupreme Court of North Carolina · 1901
- State ex rel. Ryan v. EmmerlingMissouri Court of Appeals · 1882
- Coggins v. . HarrellSupreme Court of North Carolina · 1882
- Morris v. . SaundersSupreme Court of North Carolina · 1881