# State v. . Gentry

> Supreme Court of North Carolina · June 2, 1922 · 183 N.C. 826

URL: https://www.frixlaw.com/law-library/cases/3663054

## Case

- **Full name:** State on Relation of R. D. Lovingood, Treasurer, Etc., and the Board of Commissioners of Cherokee County v. P. C. Gentry and United States Fidelity and Guaranty Company.
- **Court:** Supreme Court of North Carolina
- **Decided:** June 2, 1922
- **Citations:** 183 N.C. 826; 112 S.E. 427; 1922 N.C. LEXIS 378
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** ADAMS, J.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3663054

## Opinion text

The plaintiffs excepted to his Honor's refusal to permit recovery of $2,500 as a forfeiture to the State for the use of the county under the provisions of C.S. 8051. The exception is not tenable. The penalty prescribed may be recovered (1) where upon demand the sheriff fails, neglects, or refuses to make settlement or to render an account to the county treasurer and auditing committee, or (2) where after account had or settlement made the sheriff fails, neglects, or refuses to pay over the amount rightfully found to be due. In the record neither of these conditions appears. There was a repleader before the referee, and in accordance with the amended pleadings, the case was heard and determined upon the single theory that the defendant "had failed to pay over" the amount which the plaintiffs claimed to be due. Davenport v. McKee , 98 N.C. 500 ; Williamson v. Jones , 127 N.C. 178 .
On the plaintiffs' appeal there is
No error.
STACY, J., not sitting.
(830)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3663054. Public record. Not legal advice.