Moss v. . Bowers

We accept tbe allegations of tbis complaint, and tbe facts therein set up, as true, for tbe purpose of passing on tbe demurrer. Ins. Co. v. McCraw, 215 N. C., 105; Toler v. French, 213 N. C., 360, 196 S. E., 32; Andrews v. Oil Co., 204 N. C., 268, 168 S. E., 228; Ballinger v. Thomas, 195 N. C., 517, 142 S. E., 761. As to tbe factual situation tbus appearing, tbe nearest case in point in our own reports seems to be Sutton v. Williams, 199 N. C., 546, 155 S. E., 160. In tbat ease tbe sheriff was sued in bis official capacity, with tbe surety on bis bond, for having negligently permitted tbe…