In Re Trotter

• Decision Date: 20 November 1894
• Court: North Carolina Supreme Court
• Parties: In re TROTTER, Public Administrator.

20 S.E. 443

115 N.C. 193

In re TROTTER, Public Administrator.

Supreme Court of North Carolina.

Nov. 20, 1894.

Public Administrator —removal —Failure to Renew Bond.

A public administrator, not otherwise in default, cannot be removed for failure to renew his bond, where he offers to renew it in response to the notice served upon him.

Appeal from superior court, Guilford county; Winston, Judge.

Order to show cause why he should not be removed from the office of public administrator for the county of Guilford for failure to renew his bond was issued to W. d. Trotter by the clerk of the superior court of said county. At the hearing, respondent tendered a bond executed by him, with sureties, but judgment was rendered by the clerk removing him from office, which judgment was affirmed by the judge in chambers on appeal. From this judgment respondent appeals. Reversed.

L. M. Scott, for appellant.

Dillard & King, for appellee.

PER CURIAM. We have examined the authorities cited by counsel with much care, and, after due consideration, we conclude that his honor erred in sustaining the action of the clerk in refusing to accept the bond of Trotter upon the ground stated by him. It is not found that the said Trotter has been in default in any particular except a failure to renew his bond, and this he offers to do in response to the notice served upon him. Reversed.