State Ex Rel. McNeill v. Morrison
Supreme Court of North Carolina
. Debt, tried before Warren, J., at Pall Term 1867 of the Superior Court of Moore, The action was brought on the bond of one Currie, (deceased) •Clerk of the County Court of Moore. The bond was given at October Term 1854 of the County Court, and the defendants are the sureties thereto.
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. Debt, tried before Warren, J., at Pall Term 1867 of the Superior Court of Moore, The action was brought on the bond of one Currie, (deceased) •Clerk of the County Court of Moore. The bond was given at October Term 1854 of the County Court, and the defendants are the sureties thereto. At July Term 1854of the County Court, ■a, petition had been filed by the plaintiffs in this suit, praying for the sale of a slave for division, said slave belonging to the plaintiffs as tenants in common. At October Term 1854, there was this entry upon the trial docket: “Prayer of petition granted. Ordered by…
1Opinion of the CourtReade, J.
The statute authorizes the Court to appoint the ■Clerk, or some other fit person, to make sales, &c.
Whenever the pef son who is Clerk is appointed, it is to be taken that he is appointed in his official capacity. Especially is this so, when in the order appointing him, he is designated •as “Clerk.”
The words “some other fit person” mean some other person than he who is acting as Clerk. It may be that if the order of appointment negatived the idea that he was appointed in his official capacity, he might fall under the words, “other fit person,” but that is not this case.
It is to be taken that…
2Cited by8 opinions
- Smith v. Patton.Supreme Court of North Carolina · 1902
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
- Howard v. United StatesCourt of Appeals for the Eighth Circuit · 1900
- State Ex Rel. Cox v. . BlairSupreme Court of North Carolina · 1877
- State Ex Rel. Boothe v. UpchurchSupreme Court of North Carolina · 1892
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