State Ex Rel . Bd., Com. of Bladen Co. v. . Clarke
Supreme Court of North Carolina
This was a civil actioN to recover $2,000 State and school taxes, tried before his Honor Judge KeRR, at Spring Terra, 1875, of the Superior Court of Bladek county. The defendant, who was the sheriff of said county, had collected the sum of $2,000 as taxes, and failed to pay the same to the proper officers.
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This was a civil actioN to recover $2,000 State and school taxes, tried before his Honor Judge KeRR, at Spring Terra, 1875, of the Superior Court of Bladek county. The defendant, who was the sheriff of said county, had collected the sum of $2,000 as taxes, and failed to pay the same to the proper officers. It was admitted by the plaintiff that the defendant had deposited the money in an iron safe, the property of a merchant in Elizabethtown, in the county of Bladen, for safe keeping, and that without the knowledge, consent, contrivance, negligence or default of the defendant, it had been…
1Opinion of the Court
RodmaN. J.
1. This is an action on the official bond of the defendant as sheriff. As the complaint now stands, it is on the relation of the Commissioners of the county. We are of opinion that the act of 1872-73, chap. 115, secs. 39 and 41, (Bat. Rev., chap. 102, secs. 39 and 41,) changes in that respect the previous act of 1868-’69, chap. 157, sec. 10, (Bat. Rev., chap. 30, sec. 9.) The County Treasurer is the officer whose duty it is to receive payment of the county taxes from the sheriff. (Sec. 39, Bat. Rev., chap. 102,); and by sec. 41, it is made his duty to bring suit on a failure of the…
Also in this document: Per curiam.
2Cases cited6 opinions
- Mercer County v. HacketSupreme Court of the United States · 1864
- Muzzy v. ShattuckCourt for the Trial of Impeachments and Correction of Errors · 1845
- Thompson v. Board of TrusteesIllinois Supreme Court · 1863
- Jourdan v. BarrettSupreme Court of the United States · 1846
- Atkinson v. WhiteheadSupreme Court of North Carolina · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Town of Cameron v. HicksWest Virginia Supreme Court · 1909
- Fairchild v. HedgesWashington Supreme Court · 1896
- County of Mecklenburg v. BealesSupreme Court of Virginia · 1911
- Smith v. Patton.Supreme Court of North Carolina · 1902
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