From Casetext: Smarter Legal Research

Ferrand v. Burcham

Supreme Court of North Carolina
Dec 1, 1850
33 N.C. 436 (N.C. 1850)

Opinion

December Term, 1850.

When a constable is appointed by the County Court at May term, his appointment expires at the next February term, which is the regular time prescribed by law for the qualification or appointment of constables.

APPEAL from the Superior Court of Law of CARTERET, at Spring Term, 1849, Battle, J., presiding.

J. H. Bryan and J. W. Bryan for plaintiff.

No counsel for defendants.


This was an action of debt upon a constable's bond.

The defendant Burcham was appointed constable at May Term, 1843 (no appointment of constable for his district having been made at February term). The claim for which this action is brought was put into his hands in March, 1844. It was insisted that Burcham's term of office expired at (437) February court, 1844, and it was so decided, and the plaintiff appealed. We concur in the opinion. February term is the time fixed on, by law, for the appointment of constables, and if one is appointed at a subsequent term, his term of office expires at the next February term.

This is the construction given to the statute in S. v. Wilroy, 32 N.C. 330. There is no error in the judgment below.

PER CURIAM. Judgment affirmed.

Cited: S. v. Lane, 35 N.C. 256; Hoell v. Cobb, 49 N.C. 260.


Summaries of

Ferrand v. Burcham

Supreme Court of North Carolina
Dec 1, 1850
33 N.C. 436 (N.C. 1850)
Case details for

Ferrand v. Burcham

Case Details

Full title:THE STATE TO THE USE OF FERRAND'S EXECUTORS v. SHEPARD W. BURCHAM ET AL

Court:Supreme Court of North Carolina

Date published: Dec 1, 1850

Citations

33 N.C. 436 (N.C. 1850)

Citing Cases

State v. Lane

When the papers were put into his hands for collection he was not a constable, and his sureties were not…