State Ex Rel. Rogers v. Odom
Supreme Court of North Carolina
Civil ActioN, tried at Fall Terra, 1881, of NorthamptoN Superior Court, before Gilmer, J. This case was tried upon complaint and demurrer. The allegations of the complaint are as follows: The defendant Odora was clerk of the superior court of Northampton county in 1879, and the other defendants were the sureties on his bond as such.
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Civil ActioN, tried at Fall Terra, 1881, of NorthamptoN Superior Court, before Gilmer, J. This case was tried upon complaint and demurrer. The allegations of the complaint are as follows: The defendant Odora was clerk of the superior court of Northampton county in 1879, and the other defendants were the sureties on his bond as such. At spring term, 1879, of said court, the relators, being infants without guardian and entitled to one thousand dollars each in a fund arising from a life policy in the “Virginia Protective Life Insurance Company,” upon the life of their deceased father, filed…
1Opinion of the CourtRuffin, J.
The order of the superior court admits of but one construction. After appointing N. R. Odom, clerk of the superior court, receiver of the fund, it confers upon him “ the power and authority to sue for, receive, collect and manage the same for the benefit of the minors.”
The fund therefore came to his hands as receiver, and was never held by him in any other capacity. So that the principal, and in fact, the only question necessary to be considered is, whether a liability attaches to his sureties as clerk, for the misappropriation of the fund so received and held ; and as to this, we concur in…
2Cases cited3 opinions
- Kerr v. . BrandonSupreme Court of North Carolina · 1881
- Hammer v. KaufmanIllinois Supreme Court · 1866
- State ex rel. Terry v. BlakemoreTennessee Supreme Court · 1872
3Cited by7 opinions
- Presson v. . BooneSupreme Court of North Carolina · 1891
- State ex rel. Presson v. BooneSupreme Court of North Carolina · 1891
- Naumburg v. HyattU.S. Circuit Court for the District of Western North Carolina · 1885
- Linson v. BarnesSupreme Court of Oklahoma · 1929
- Syme v. . BuntingSupreme Court of North Carolina · 1884
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