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RIDER v. LENOIR COUNTY

No. 377.

78 S.E.2d 745 (1953)

238 N.C. 632

RIDER et al. v. LENOIR COUNTY et al.

Supreme Court of North Carolina.

November 25, 1953.

Attorney(s) appearing for the Case

R. S. Langley, Matt H. Allen, and John G. Dawson, Kinston, for plaintiff appellees.

Chas. B. Aycock, R. A. Whitaker, and Thos. J. White, Kinston, for defendant appellants.

BARNHILL, Justice.

Plaintiffs first filed an injunction bond in the sum of $200. Thereafter, in compliance with an order of the court, they filed bond in the sum of $15,000, with the National Surety Corporation as surety. This constituted a novation and served to discharge the original bond. So then, the first question posed for decision is this: Are the plaintiffs and their surety, the National Surety Corporation, liable in any

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