State Ex Rel. Martin v. Long
Supreme Court of North Carolina
Appeal from tbe Superior Court of Law of Rowan County, at the Spring Term, 1848, his Honor Judge-Manlv presiding. The action is debt on the bond given by the defendant Long, as sheriff of Rowan, and by the other defendants, as his sureties, suggesting breaches, pleas, conditions performed, and conditions not broken.
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Appeal from tbe Superior Court of Law of Rowan County, at the Spring Term, 1848, his Honor Judge-Manlv presiding. The action is debt on the bond given by the defendant Long, as sheriff of Rowan, and by the other defendants, as his sureties, suggesting breaches, pleas, conditions performed, and conditions not broken. At the trial the case was, that Long’ arrested the relator upon a capias ad re-spondendum at the suit of Vincent Reid, and tookffrom him a bail bond with sufficient sureties, who were not freeholders. He told the relator at the time, that he would then accept that bail bond,…
1Opinion of the CourtRuffin, C. J.
The facts here make a flagrant case of oppression and fraud, and the recurrence of many such would form a strong ground of appeal to tbe Legislature to alter the terms in which the sureties of a sheriff become bound for him, or to provide some other fit protection from such imposition on ignorant men in custody. But, however gross the wrong may be, or however otherwise the sheriff may be liable to answer for it, we believe the relator cannot have the redress he seeks on the sheriff’s official bond. The question was remarkably well argued at the bar, and all the cases and reasons bearing upon…
2Cited by6 opinions
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- North Carolina ex rel. Wimmer v. LeonardCourt of Appeals for the Fourth Circuit · 1934
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