Carolina Iron Co. v. Abernathy
| Decision Date | 28 February 1886 |
| Citation | 94 N.C. 545 |
| Parties | STATE on the relation of THE CAROLINA IRON COMPANY v. W. C. ABERNATHY, Sheriff, et als. |
| Court | North Carolina Supreme Court |
CIVIL ACTION, tried before Philips, Judge, and a jury, at Spring Term, 1885, of the Superior Court of GASTON county.
This action is brought for an alleged breach of the official bond of the defendant sheriff. It is alleged in the complaint, and denied in the answer, that the relator was and is a corporation, duly created and organized under the laws of this State, authorizing the creation of corporations for specified purposes.
On the trial, the relator “offered, in evidence of its incorporation, a book kept by the Clerk of the Superior Court of Gaston county, entitled “Record of Incorporations,” and offered to show by the Clerk, the record in said book, of the incorporation of the relator of the plaintiff, under the general law for forming corporations as set out in The Code, ch. 16, §677, et seq.”
This evidence was objected to by the defendant, as being inadmissible and incompetent, upon the ground that the letters of incorporation themselves, or a certified copy thereof, was the best evidence competent and admissible to prove incorporation under the general law, contained in chapter sixteen of The Code. This objection was sustained and the evidence excluded.”
The relator, in deference to the ruling of the Court, submitted to a judgment of non-suit and appealed to this Court.
Mr. R. W. Sandifer, for the plaintiff .
Mr. W. P. Bynum, for the defendant .
MERRIMON, J., (after stating the facts).
The statute, (The Code, §677,) prescribes how certain business and other corporations may be created, where three or more persons shall execute articles of agreement, under their hands and seals, for the purpose prescribed, and § 678, requires that such articles of agreement shall be recorded by the Clerk of the Superior Court, in a book to be kept for that purpose in his office, and marked “Record of Incorporations.” Section 679 provides, that after such articles shall have been recorded, “the Clerk, under the seal of the Superior Court, shall issue letters, declaring said persons and their successors, to be, and thenceforth they shall be, a corporation, for the purpose and according to the terms prescribed in said articles,” &c., and §682, provides, that “all such letters, issued under the authority of this chapter, (The Code, ch. 16,) and copies thereof, certified by the Clerk of the Superior Court of the county where the same are recorded, shall in all cases be admissible in evidence, and the letters aforesaid, shall in all judicial proceedings, be deemed prima faciæ evidence of the complete organization and incorporation of the company purporting thereby to have been established.”
The letters thus made evidence, are in substance and effect, the articles of agreement recorded, accompanied by the appropriate certificate of the Clerk, verified by the seal of the Superior...
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Cox v. Wright
...of a public record may be proven in any court by the original record itself. State v. Voight, 90 N.C. 741; [State ex rel.] Iron Co. v. Abernathy, 94 N.C. 545. See also & Co. v. Carter, 165 N.C. 334, 81 S.E. 414, 415, where the Court said: 'While certified copies of records are admitted in e......
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...and the book and page where it has been registered and the date of such registration. State v. Voight, 90 N.C. 741; Carolina Iron Co. v. Abernathy, 94 N.C. 545; Riley & Co. v. Carter & Pratt, 165 N.C. 334, 81 S.E. 414. Moreover, there is nothing in the record to indicate that the chattel mo......
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... ... attorney at law, resident of Caldwell County, North Carolina; ... (2) that "this defendant admits that on or about 1 ... August, 1926, he stood convicted of ... State v. Voight, 90 N.C. 741; Carolina Iron Co ... v. Abernathy, 94 N.C. 545. See also Riley & Co. v ... Carter, 165 N.C. 334, 81 S.E. 414, ... ...
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