{
  "id": 8629312,
  "name": "STATE OF NORTH CAROLINA Ex Rel. AVERY COUNTY; SMITH EGGERS, Chairman; IRA M. VANCE; J. W. HUGHES; J. H. PRITCHARD and F. P. GUINN, Being and Constituting the BOARD OF COUNTY COMMISSIONERS OF AVERY COUNTY, v. J. D. BRASWELL and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK",
  "name_abbreviation": "State ex rel. Avery County v. Braswell",
  "decision_date": "1939-03-22",
  "docket_number": "",
  "first_page": "279",
  "last_page": "280",
  "citations": [
    {
      "type": "official",
      "cite": "215 N.C. 279"
    }
  ],
  "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": {
    "cardinality": 160,
    "char_count": 1903,
    "ocr_confidence": 0.483,
    "sha256": "a45ccb5c620bcd821bd524207fecfd3653c696681cd9a1f42edf10ab88bfe9c0",
    "simhash": "1:f522a6c8a8a3121b",
    "word_count": 318
  },
  "last_updated": "2023-07-14T22:25:15.554902+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA Ex Rel. AVERY COUNTY; SMITH EGGERS, Chairman; IRA M. VANCE; J. W. HUGHES; J. H. PRITCHARD and F. P. GUINN, Being and Constituting the BOARD OF COUNTY COMMISSIONERS OF AVERY COUNTY, v. J. D. BRASWELL and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK."
    ],
    "opinions": [
      {
        "text": "WiNbokne, J.\nTbe decision in tbe case of Avery County v. Braswell, ante, 270, is determinative of tbis appeal.\nTbe judgment below is\nAffirmed.",
        "type": "majority",
        "author": "WiNbokne, J."
      }
    ],
    "attorneys": [
      "Charles Hughes for plaintiffs, appellees.",
      "Byron E. Williams and Johnson & Uzzell for defendants, appellants."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA Ex Rel. AVERY COUNTY; SMITH EGGERS, Chairman; IRA M. VANCE; J. W. HUGHES; J. H. PRITCHARD and F. P. GUINN, Being and Constituting the BOARD OF COUNTY COMMISSIONERS OF AVERY COUNTY, v. J. D. BRASWELL and THE FIDELITY AND CASUALTY COMPANY OF NEW YORK.\n(Filed 22 March, 1939.)\nAppeal by defendants from Rousseau, J., at October Term, 1938, of Aveey.\nCivil action to recover damages of defendant J. D. Braswell and his bondsman, alleged to have been sustained by reason of malfeasance in office of county accountant of Avery County, heard upon demurrer to complaint.\nThis is companion action to that entitled Avery County v. Braswell, ante, 270. The allegations of the complaint there set forth in substance are the same as in this action, except in these respects: (1) The term of office here begun 1 January, 1937, and terminated 1 July, 1937; (2) The surety here is the defendant The Fidelity and Casualty Company of New York; and (3) The amount paid Bray Brothers Company as alleged in paragraph 9 is $1,102.50, composed of county vouchers, one on 10 January, 1937, for $200, and the other, 1 February, 1937, for $902.50.\nUpon these allegations plaintiffs pray judgment against J. D. Bras-well in the sum of $1,102.50, and against defendant The Fidelity and Casualty Company of New York in the penal sum of the bond to be discharged upon payment of $1,102.50, and for costs.\nDefendants demurred to the complaint for that it fails to state facts sufficient to constitute a cause of action against the defendants, or either of them.\nFrom judgment overruling the demurrer, defendants appeal to the Supreme Court and assign error.\nCharles Hughes for plaintiffs, appellees.\nByron E. Williams and Johnson & Uzzell for defendants, appellants."
  },
  "file_name": "0279-01",
  "first_page_order": 345,
  "last_page_order": 346
}