Board of Road Commissioners v. Board of Commissioners

Supreme Court of North Carolina

Board of Road Commissioners v. Board of Commissioners

140 S.E. 742, 194 N.C. 818, 1927 N.C. LEXIS 259

DecidedDecember 21, 1927

StatusPublished

This text of 140 S.E. 742 (Board of Road Commissioners v. Board of Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Board of Road Commissioners v. Board of Commissioners, 140 S.E. 742, 194 N.C. 818, 1927 N.C. LEXIS 259 (N.C. 1927).

Pincite

Opinion

PeR CueiaM.

Tbis action arises ont of a controversy between plaintiff and defendant as to tbe amount of money required for tbe construction and maintenance of tbe public roads of Transylvania County, for tbe year 1927-28. Botb plaintiff and defendant filed affidavits to be considered on tbe bearing before tbe judge, sustaining tbeir respective contentions as to tbe facts involved in tbe controversy. Tbe judge, however, bas found no facts upon wbicb to base bis judgment. Serious questions of law are discussed in tbe briefs filed in tbis Court, some of wbicb, at least, do not seem to be raised by tbe record. We cannot proceed to “a consideration of these questions of law, in tbe absence of a finding by tbe judge of tbe facts involved in tbe controversy. Britt v. Board of Canvassers, 172 N. C., 797. There was no error in tbe denial by tbe judge of defendant’s demand for a trial by jury, but tbis being an action for a writ of mandamus tbe judge should find tbe facts and embody bis findings in bis judgment.

Tbe action is, therefore, remanded to tbe Superior Court of Transylvania County, to tbe end that tbe facts involved in tbe controversy may be found, and made to appear properly in tbe record. It is so ordered.

Eemanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PeR CueiaM.

Tbis action arises ont of a controversy between plaintiff and defendant as to tbe amount of money required for tbe construction and maintenance of tbe public roads of Transylvania County, for tbe year 1927-28. Botb plaintiff and defendant filed affidavits to be considered on tbe bearing before tbe judge, sustaining tbeir respective contentions as to tbe facts involved in tbe controversy. Tbe judge, however, bas found no facts upon wbicb to base bis judgment. Serious questions of law are discussed in tbe briefs filed in tbis Court, some of wbicb, at least, do not seem to be raised by tbe record. We cannot proceed to “a consideration of these questions of law, in tbe absence of a finding by tbe judge of tbe facts involved in tbe controversy. Britt v. Board of Canvassers, 172 N. C., 797. There was no error in tbe denial by tbe judge of defendant’s demand for a trial by jury, but tbis being an action for a writ of mandamus tbe judge should find tbe facts and embody bis findings in bis judgment.

Tbe action is, therefore, remanded to tbe Superior Court of Transylvania County, to tbe end that tbe facts involved in tbe controversy may be found, and made to appear properly in tbe record. It is so ordered.

Eemanded.

Cite This Page — Counsel Stack

Bluebook (online)

140 S.E. 742, 194 N.C. 818, 1927 N.C. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-road-commissioners-v-board-of-commissioners-nc-1927.

Opinion

Related

Cite This Page — Counsel Stack