State Ex Rel. McNeill v. Morrison

63 N.C. 508

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Reade, J.

The statute authorizes the Court to appoint the ■Clerk, or some other fit person, to make sales, &c.

Whenever the pef son who is Clerk is appointed, it is to be taken that he is appointed in his official capacity. Especially is this so, when in the order appointing him, he is designated •as “Clerk.”

The words “some other fit person” mean some other person than he who is acting as Clerk. It may be that if the order of appointment negatived the idea that he was appointed in his official capacity, he might fall under the words, “other fit person,” but that is not this case.

It is to be taken that the bond was payable to A. C. Currie, Clerk, &c., and reported to Court and filed in his office, and that upon it he received the money.

The Clerk, then, and Ms sureties are liable upon his official bond, Broughton v. Haywood, Phil. 380.

There is no error. Judgment will be entered here for the-plaintiff.

Per Curiam. Judgment affirmed.