Opinion · Nclaw North Carolina

MITCHELL v. WEST, 74 N.C. 485 (1876)

74 N.C. 485

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1876-01-01
Topic: general

MITCHELL v. WEST, 74 N.C. 485 (1876) ALEX. MITCHELL AND OTHERS v. I. E.

Citator

UpLaw has not yet analyzed MITCHELL v. WEST, 74 N.C. 485 (1876). The absence of a flag is not a finding that it is good law.

MITCHELLv. WEST,74 N.C. 485(1876)

ALEX. MITCHELL AND OTHERS v. I. E. WEST, CLERK, ETC.

Supreme Court of North Carolina

January Term, 1876.

(For the Syllabus, see the preceding case ofMitchell and others v.Kilburn, Treasurer, etc., page 483.)

This was a SPECIAL PROCEEDING under the Act of March 3rd, 1875, heard beforeSeymour J. at Chambers in CRAVEN County, October 16th, 1875.

The plaintiffs filed an affidavit that they had made diligent enquiry as to the sufficiency of the official bond of the defendant who is ClerkPage 368of the Superior Court of Craven County, and they believed the same is insufficient in the ability of the sureties thereto.

(486) Upon this affidavit the court issued an order to the defendant to appear at Chambers on the 9th of October, 1875 and justify said bond by evidence other than that of himself or his sureties.

The case was continued until October 16th, when all the parties being present the defendant moved to vacate the order and dismiss the proceeding on the ground that the Act of March 3, 1875, was unconstitutional. The motion was overruled and the defendant appealed.

Green, Stevenson and Lehman, for the appellants.Hubbard, contra.

BYNUM, J.

This is a proceeding against the Clerk of the Superior Court of Craven County, to cause him to justify his bond as Clerk. The opinion and judgment of the court in the case ofMitchell, et al., v. Kilburn, ante, 483, andMitchell v. Hubbs, ante, 484.

PER CURIAM. Appeal dismissed.

(487)