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STATE OF NORTH CAROLINA, ON THE RELATION OF JONATHAN B. LINDSAY v. ENOCH L. STEPHENS AND OTHERS.

Where one put into the hands of a constable for collection a note, the amount of which exceeded the jurisdiction of a Justice of the Peace, and the constable procured the maker to substitute for it two notes, each within the jurisdiction of a Justice, and afterwards failed to collect the same when he might have done so: Held, that he and his sureties were liable on his official bond for a breach of duty.

DANIEL, J.

The reasons given by the Judge who tried the cause in the Superior Court, are, in our opinion, correct, and we adopt them. He might have made his charge still stronger for the relator, as it appears that the constable had actually obtained judgments in the name of the relator on the two notes. Why, then, did he not collect those judgments? The judgment, we think, must be

PER CURIAM. Affirmed.

Cited: Rogers v. Walker, post, 95; Peace v. Mangum, 28 N.C. 375.

(95)

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LINDSAY v. STEPHENS
(Dec 1, 1842)