{
  "id": 11276602,
  "name": "Allen S. Ballenger v. John B. Allen",
  "name_abbreviation": "Ballenger v. Allen",
  "decision_date": "1833-12",
  "docket_number": "",
  "first_page": "358",
  "last_page": "360",
  "citations": [
    {
      "type": "nominative",
      "cite": "4 Dev. 358"
    },
    {
      "type": "official",
      "cite": "15 N.C. 358"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "sha256": "3294ea9dc8a93bc56d221895d440249c43e0e6e29219b020c687955a5cd80a36",
    "simhash": "1:cab2912c9fc7deea",
    "word_count": 679
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  "last_updated": "2023-07-14T18:49:44.411836+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Allen S. Ballenger v. John B. Allen."
    ],
    "opinions": [
      {
        "text": "Daniel, Judge\nThe only reason offered for a new trial is, because the judge refused to admit in evidence, a settlement of the taxes which the plaintiff had made, with the accounting officers of the county, since the suit was commenced ; and, when the defendant was not present, or a party to that settlement. The counsel for the plaintiff has cited several authorities, none of which, in my opinion, bear him out in the position he has taken\u2014 As against himself, it is fair to presume every man\u2019s words and actions correspond with the truth ; it is his own fault if they do not \u2014 but it would be in the highest degree, rasli and unjust, to found such a presumption, generally, upon the acts, conduct or declarations of strangers, without any authority from the party whom they affect; as to him, they are res inter alios acta. (1 Stark. 51. 3 Stark. 1300.) I cannot perceive how the admission of the plaintiff in his settlement, that he was largely indebted to the county, would warrant an inference that the defendant had not paid him the monies, which ho had \"received as the agent of the plaintiff, or was otherwise indebted to him. I think, the evidence was properly rejected by the court. The judgment therefore must be affirmed.\nPer Curiam \u2014 Judgment aeeirmed.",
        "type": "majority",
        "author": "Daniel, Judge"
      }
    ],
    "attorneys": [
      "Deroereux for the plaintiff.",
      "Badger and W. IL Haywood for the defendant.-"
    ],
    "corrections": "",
    "head_matter": "Allen S. Ballenger v. John B. Allen.\nIn a suit brought by a Sheriff against his collector for arrearages of taxes, a settlement between the Sheriff and the accounting officer for the coun\u00ab ty, is not evidence for him.\nAss user sit, tried belfore StraNGE, Judge, at Johnston Spring Term 1833.\nThe plaintiff was Sheriff of the county of Johnston, and for several years in succession had appointed the defendant to collect the taxes due in two districts in said county.\nThere were two counts in the declaration ; one, for money had and received by the defendant to the use of tlie plaintiff \u2014 a second, on a special undertaking by the defendant, to collect the taxes in the said two districts, and pay over the proceeds to the plaintiff, and for a dc-fault in not collecting as he had undertaken to do. The defendant pleaded the general issue and statute of limitations.\nIt was proved, that the defendant had been the collector of the taxes, in the two districts assigned to him by the Sheriff, for the space of nine years, (from 1819. to 1827 inclusive,) during which time, the public, county, and poor taxes of those districts amounted to $6,938; and that no final settlement had ever been made between the Sheriff and the defendant.\nThe defendant then proved, that just before this suit ivas brought, on his being badly hurt, the plaintiff had said, if the defendant died, he should lose five or six hundred dollars by him.\nThe plaintiff, then offered to prove, (for the purpose of establishing a larger amount due him than $600, and also for the purpose of repelling the evidence offered by the defendant,) that there had been no settlement for the county and pom- taxes between himself as sheriff, and the county trustee, and the wardens of the poor, for the last seven, of the nine years, that the defendant had been his- collector. The plaintiff offered to prove further, the result of a settlement, made since the commencement of this suit, with the accounting officers of the county, when the defendant was not present thereat, or a party to the same. The court permitted him to prove that he had made no settlement for seven years, before the one which he had made since the commencement of the suit, but refused to permit him to give in evidence, the result of the last settlement. There was a verdict for the plaintiff for the sum of $600 \u2014 the plaintiff moved for a new trial, because the court had refused to receive proper and pertinent testimony. The motion was overruled, and judgment rendered, and the plaintiff appealed.\nDeroereux for the plaintiff.\nBadger and W. IL Haywood for the defendant.-"
  },
  "file_name": "0358-01",
  "first_page_order": 367,
  "last_page_order": 369
}