Opinion
(August Term, 1847.)
Where the only record of the appointment and qualification of a constable was in the following words, to wit, "James R. McMinn appeared in court and filed his bond as constable, for the County of Henderson for one year and was duly sworn": Held, that under the act of 1844, curing defects in the official bonds of certain officers therein named, this was sufficient evidence of the appointment of the constable and of his having qualified and given bond.
APPEAL from HENDERSON Spring Term, 1845; Manly, J.
Debt on the bond of McMinn, one of the defendants, as a constable in the county of Henderson. Plea, non est factum. The relator (345) on the trial produced the entry of record made in the county court, which entry is in the following words, to wit: "James R. McMinn appeared in court and filed his bond as constable for the county of Henderson for one year, and was duly sworn." The defendant objected that this entry did not establish his legal appointment as constable. The court thought otherwise, and a verdict was rendered for the plaintiff, from which the defendant appealed.
N.W. Woodfin for plaintiff.
J. W. Woodfin and Francis for defendants.
It is very certain that the objection would have been held good had it not been for the act of the General Assembly at its Session of 1844-5, curing defects in the official bonds of certain officers therein named. The circumstance that the constable's bond was taken by a court composed of only three magistrates makes no difference, since the passage of the aforesaid act of Assembly. S. v. Pool, 27 N.C. 105.
PER CURIAM. Judgment affirmed.
Cited: Comrs. v. Magnin, 86 N.C. 289.
(346)