Thomas v. . Connelly
Supreme Court of North Carolina
Clerk of Superior Court — Default—Official Bond — “ Virtue” and “Color” of Office — Administration. This is a civil ACTION, tried upon case agreed, at May-Term, 1889, of Iredell Superior Court, before Brown, J. The plaintiff is the administrator of the estate of J. A. F. Watts, who died intestate in the county of Iredell in 1883. By his special proceeding, brought in the Superior Court of that county, against the heirs at law of his intestate, on the 8th day of February,…
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Clerk of Superior Court — Default—Official Bond — “ Virtue” and “Color” of Office — Administration. This is a civil ACTION, tried upon case agreed, at May-Term, 1889, of Iredell Superior Court, before Brown, J. The plaintiff is the administrator of the estate of J. A. F. Watts, who died intestate in the county of Iredell in 1883. By his special proceeding, brought in the Superior Court of that county, against the heirs at law of his intestate, on the 8th day of February, 1887, he obtained license to sell certain of the real estate of his said intestate to make assets to pay debts of the…
1Opinion of the CourtMerrimon, C. J.
— after stating the facts: The question presented by the assignment of error in this case is, Are the defendants, sureties to the official bond of the defendant, late Clerk of the Superior Court, liable for the default of the latter in respect to the money received by him as such Clerk from the plaintiff? The answer to the question depends upon the proper interpretation of the purpose and condition of the Clerk’s official bond, and, also, to what extent, if at all, such Clerk may become chargeable officially with moneys received by him by color of his office.
The statute, (The Code, § 72)…
2Cited by14 opinions
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- Daniel v. . GrizzardSupreme Court of North Carolina · 1895
- Presson v. . BooneSupreme Court of North Carolina · 1891
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