Legal Opinion

Dixon v. Commissioners of Beaufort

Supreme Court of North Carolina

Decided January 5, 1879PublishedCited by 5 opinions

Case Agreed heard at Fall Term, 1878, of Beaufort Superior Court, before Mire, I. The plaintiff who had been elected sheriff of Beaufort county appeared before the defendant commissioners at their meeting on the first Monday in December following, and tendered the process bond in form and with sufficient sureties as required by law, but. refused to give the prescribed bonds for the collection of state and county taxes.

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Case Agreed heard at Fall Term, 1878, of Beaufort Superior Court, before Mire, I. The plaintiff who had been elected sheriff of Beaufort county appeared before the defendant commissioners at their meeting on the first Monday in December following, and tendered the process bond in form and with sufficient sureties as required by law, but. refused to give the prescribed bonds for the collection of state and county taxes. He proposed and insisted upon a right to be inducted into the office of sheriff, exempt from any obligation or duty in respect to the public taxes. The board denied the…

1Opinion of the CourtSmith, C. J.

(After stating the case as above.) The cor- ¡redness of this ruling of the board of commissioners is the only point for the consideration of the court. It is made the duty of one elected to the office of sheriff to “ execute three several bonds payable to the state of North Carolina and conditioned as follows, one conditioned for the collection, payment and settlement of the county, poor, school, and special taxes;” another, “ for the collection, payment and settlement of the public taxes;” and a third, for the due execution and return of process, and the payment over of all moneys which may…

2Cases cited2 opinions

  1. State Ex Rel. Coffield v. McNeillSupreme Court of North Carolina · 1876
  2. State Ex Rel. Vann v. PipkinSupreme Court of North Carolina · 1877

3Cited by5 opinions

  1. Fidelity & Deposit Co. of Maryland v. FlemingSupreme Court of North Carolina · 1903
  2. People Ex Rel. Worley v. SmithSupreme Court of North Carolina · 1879
  3. Commissioners of Orange County v. BainSupreme Court of North Carolina · 1917
  4. Commissioners of Orange County v. BainSupreme Court of North Carolina · 1917
  5. Slade v. . GovernorSupreme Court of North Carolina · 1832

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