#### ALEX. MITCHELL and others v. I. E. WEST, Clerk, &c.

(For the Syllabus, seo the preceding case of Mitchell and others v. Kilburn, Treasurer, &c., page'488 )

This was a Special Peocobeding under the Act of March 3rd, 1875, heard before Seymour J. at Chambers in CkaveN county, 'October 16th, 1875.

The plaintiffs filed an affidavit that they had made diligent enquiry as to the sufficiency of the official bond of the defendant who is Clerk of the Superior Court of Craven county, and they believed the same is insufficient in the ability of the .sureties thereto.

*486Upon this affidavit the court issued an order to tlie defendant to appear at Chambers on the 9th of October, 1875 and justify said bond by evidence other than that of himself or his sureties.

The case was continued until October 16th, when all the parties being present the defendant moved to vacate the order- and dismiss the proceeding. on the ground that the Act of March 3rd, 1875, was unconstitutional.. The motion was. overruled and the defendant appealed.

Green, Stevenson and Lehman, for the appellants.

Hubbard, contra.

Bynum J.

This is a proceeding against the Clerk of the Superior Court of Craven county, to cause him to justify his bond as Clerk. The opinion and judgment of the court in the case of Mitchell, et al, v Hubbs and Kilburn, decided at this term of the court apply to this case.

Pee Cueiam. Appeal dismissed.