§ 58-76-15. Summary remedy on official bond. - North Carolina Statutes

§58‑76‑15.  Summary remedy on official bond.

When a sheriff, coroner,clerk, county or town treasurer, or other officer, collects or receives anymoney by virtue or under color of his office, and on demand fails to pay thesame to the person entitled to require the payment thereof, the person therebyaggrieved may move for judgment in the superior court against such officer andhis sureties for any sum demanded; and the court shall try the same and renderjudgment at the session when the motion shall be made, but 10 days' notice inwriting of the motion must have been previously given. (1819,c. 1002, P.R.; R.C., c. 78, s. 5; 1869‑70, c. 169, s. 14; 1876‑7,c. 41, s. 2; Code, s. 1889; Rev., s. 283; C.S., s. 356; 1973, c. 108, s. 60.)