{
  "id": 8682409,
  "name": "STATE ON THE RELATION OF J. P. SHUSTER AND WIFE, v. EDMOND H. PERKINS, ET. AL.",
  "name_abbreviation": "State ex rel. Shuster v. Perkins",
  "decision_date": "1854-06",
  "docket_number": "",
  "first_page": "325",
  "last_page": "327",
  "citations": [
    {
      "type": "nominative",
      "cite": "1 Jones 325"
    },
    {
      "type": "official",
      "cite": "46 N.C. 325"
    }
  ],
  "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": [
    {
      "cite": "9 Ired. 250",
      "category": "reporters:state",
      "reporter": "Ired.",
      "case_ids": [
        8688944
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/31/0250-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:47:17.533540+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE ON THE RELATION OF J. P. SHUSTER AND WIFE, v. EDMOND H. PERKINS, ET. AL."
    ],
    "opinions": [
      {
        "text": "Pearson, J.\nWe are inclined to think, as it was proven that Miranda was the only orphan of Henry Taff, the mistake in calling her \u201cMargaret\u201d upon the minute docket, might be controlled by the general description which is added, i. e., \u201c orphan of Henry Taff,\u201d or, at all events, that the defendant was estopped under the authority of Iredell v. Barbee, 9 Ired. 250. Without deciding these points, we are clearly of opinion, that the case falls within the operation of the statute, acts of 1842, ch. 61. A guardian has an appointment as distinguished from an office. The statute uses both terms, and the bond, in the words of the statute, \u201cwas taken under the sanction of a Court of Record, and purports to be a bond executed to the State, for the performance of a duty belonging to an appointment.\u201d So, the caso is embraced by the words of the statute; and it certainly falls within the mischief intended to be remedied. Persons claiming under guardian bonds, as well as persons claiming under tbe bonds of sheriffs and constables, frequently lost their rights by reason of some defect in the manner of taking the bonds.\nJudgment reversed. Venire de novo.",
        "type": "majority",
        "author": "Pearson, J."
      }
    ],
    "attorneys": [
      "Smith, for plaintiffs.",
      "Martin, for defendants."
    ],
    "corrections": "",
    "head_matter": "STATE ON THE RELATION OF J. P. SHUSTER AND WIFE, v. EDMOND H. PERKINS, ET. AL.\nWhere, in the order of a County Court, appointing a guardian, the name, Margaret is by mistake inserted as that of the ward, instead of Miranda, a-bond taken according to the proper requisitions, with the right name recited, will, under the operation of the act of 1842, ch 61, be sustained as an official bond.\nThis was an Action of Debt, tried before his Honor Judge Bailey, at the Spring Term, 1854, of Pasquotank Superior Court.\nThe feme relator, Miranda, was the only child and orphan of Henry Taff, deceased, in March, 1838, when the Term of Pas-quotank County Court was held. Since that time, to wit, in the year 1850, she intermarried with the other relator, J. P. Shuster, at which time she was under the age of twenty-one years. At this term of Pasquotank County Court, (March 1838,) the following entry appears of record: \u201c Ordered, That E. H. Perkins be appointed guardian to Margaret Taff, orphan, of Plenry Taff, who appeared, and entered into bond, in the sum of $2.500 \u2014 E. E. Wilson and N. S. Perkins his sureties.\u201d' The bond declared on, is dated of that term, payable to the State of North Carolina, and is signed by the three individuals mentioned in the above order, to wit, E. H. Perkins, E. E. Wilson and N. S. Perkins: it incites that, \u201c Whereas Edmond II\u2022 Perkins hath been this day, by the worshipful Court of said county, appointed guardian to Miranda Taff, orphan of Henry Taff, deceased,\u201d and is in all respects in the proper and usual form of a guardian bond, and was found by the present clerk among the archives of the County Court of Pasquotank, in its proper place, and is attested by the then clerk of that Court, and on the trial was duly proven.\nThe plaintiffs were then proceeding to assign breaches of the bond declared on, when his Honor intimated an opinion, that even though the evidence sustained the breaches assigned, the plaintiffs could not recover.\nIn submission to this opinion, the plaintiffs took a nonsuit, and appealed.\nSmith, for plaintiffs.\nMartin, for defendants."
  },
  "file_name": "0325-01",
  "first_page_order": 333,
  "last_page_order": 335
}