28 N.C. 428 | N.C. | 1846
Debt, brought on the official bond of the defendant Hankins, as the sheriff of Brunswick County, and his sureties. Hankins was duly appointed sheriff, and his official year commenced 5 September, 1837, and ended 5 September, 1838. He appointed one Woodsides his deputy, to whom the relator Rockwell delivered, in time for collection, a number of notes and bonds upon solvent debtors. In October, 1838, Woodsides received upon these obligations $10, and did not receive upon them any money during the official year of the defendant Hankins. The writ in this case issued 24 October, 1844. The pleas are the general issue, and statute of limitations, and covenants performed. On the trial the plaintiff offered to prove a demand made on Woodsides in 1842. The court rejected the evidence. On 25 February, 1843, the plaintiff caused a suit to issue against the defendant for the same cause of action. At December term the defendant appeared, when the cause was put to issue, and at June Term, 1844, the plaintiff was called and judgment of nonsuit entered against him. His Honor instructed the jury (429) that the official year of the defendant Hankins ceased on 5 September, 1838, and the deputation of Woodsides ceased at the same time; and, therefore, the defendant was not liable on this bond for the $10 received by him in October, 1838; and as to the breach of neglect for not collecting, the defendants were protected by the statute of limitations.
Under these instructions the jury found a verdict for the defendants, and from the judgment thereon the plaintiff appealed.
In the instructions of his Honor we entirely concur. The office of the sheriff (Hankins) continued for one year, and ended on 5 September, 1838.Keck v. Coble,
PER CURIAM. Judgment affirmed.
Cited: Freshwater v. Baker,