20 N.C. 55 | N.C. | 1838
This action was instituted in the name of David L. Swain, Governor of the state and successor to Montfort Stokes late Governor, against the defendants upon a bond executed by them as the sureties of Stephen Allred, a constable, and payable to the said Stokes and his successors in office. The plaintiff having obtained a judgment below, the .defendants insist that the judgment is erroneous and pray for its reversal on two grounds.
In the first place it is insisted that the bond is so variant from that which the law required to be given, that it is not an official bond capable of passing in succession. The alledged incompatibility between the law and the bond is to be found in the condition. Previously to 1818, our acts of Assembly required that every constable should execute a bond with sureties, “ conditioned for the faithful discharge of
Because of the error thus sustained, the judgment must be reversed, and a venire de novo awarded.
Per Curiam. Judgment reversed.