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Blythe v. Outland

Supreme Court of North Carolina
Jun 1, 1850
33 N.C. 135 (N.C. 1850)

Opinion

June Term, 1850.

Constables are not general collecting agents, except so far as relates to claims within the jurisdiction of a magistrate. Therefore, where an order of the County Court was put into a constable's hands for collection: Held, that though he received the money, his sureties were not liable.

APPEAL from the Superior Court of Law of NORTHAMPTON, at Spring Term, 1850, Manly, J., presiding.

B. F. Moore for plaintiff.

Bragg for defendant.


Blythe put into the hands of one Powell, a constable, for collection, the following county order:

Ordered by the court, that the county trustee pay to Solomon Blythe sixty-three dollars for rebuilding bridge, etc.

Issued 4 July, 1842. THOMAS HUGHES, Clerk.

Powell received the money, and, upon demand, refused to pay over. The question is, Are the sureties upon his bond liable? We think with his Honor, that they are not.

It is settled by S. v. Mangum, 28 N.C. 369, and S. v. Long, 29 N.C. 379, that the sureties of a sheriff or constable are only liable for such claims as are within the jurisdiction (135) of a single justice and may be recovered by warrant.

The claim in this case was upon a county order, and, of course, was not within the jurisdiction of a single justice, and could not have been recovered by warrant; so it falls within the very bounds of the rule above announced.

It was not the intention of the Legislature to make constables general collecting agents, except so far as relates to claims within the jurisdiction of a magistrate. This was the extent of the evil, and to this the statute must be confined.

PER CURIAM. Judgment affirmed.

Cited: Dunston v. Doxey, 52 N.C. 224.


Summaries of

Blythe v. Outland

Supreme Court of North Carolina
Jun 1, 1850
33 N.C. 135 (N.C. 1850)
Case details for

Blythe v. Outland

Case Details

Full title:THE STATE ON THE RELATION OF SOLOMON BLYTHE v. JOAB OUTLAND ET AL

Court:Supreme Court of North Carolina

Date published: Jun 1, 1850

Citations

33 N.C. 135 (N.C. 1850)

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