North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 14

North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 edition. Excerpt: ...will the application of the surplus in the sherifl"s hands (after applying what he chose to the wndilioni exponas) to the bank executions, alter the case; that is, maize it a sale under the bank executions. This is only matter of evidence, and is entirely contradicted by the full proof 1," HENmm_ to. the contrary. As this case is to go back for a new son, 0. Justice. trial, I nnagane that it is within the power of New Han-_ over County 'Court to atfix their seal to the ve.1dit'ieni der an unsealed exponas now, if it was omitted by mistake; that is, ll it 33; was intended, the-cendflioni cxponas should be a genuine sued, may after writ. I make this suggestion, that the parties may meet on equal terms at the next trial. The acts of Assembly which direct the justices of the County Courts to take bonds in certain cases, confer on them, as to such bonds, 3 001'porate character; and they may take a bond from one of their number to themselves. This was an action of DEBT, upon the bond for 2000! given by the defendant Jlnnstrongfior the faithful discharge of his duties as clerk of Cumberland County Court. Rorsrng Judge.--t is to be hoped, that the perplexing questions on oilicial bonds. which have frequently arisen oflate, will not have a much longer continuance, since the new act directs them to be given to the Govern-or. Perhaps all difficulty would be most effectually cut up by the roots, by making them payable to the State at once.. After all our endeavors, we are unable to sustain this action. It is a suit on a clerk's bond for 2000. paya-ble to the justices of the peace for Cumberland county. The writ is brought by A, B, C, &e. n0zm'nuti1n, as the successors of those who were _i ustices at the time more

Product details

  • Paperback | 194 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236811534
  • 9781236811530