Commissioners v. . Commissioners

Supreme Court of North Carolina

Commissioners v. . Commissioners

70 N.C. 656

DecidedJanuary 5, 1874

StatusPublished

This text of 70 N.C. 656 (Commissioners v. . 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

Commissioners v. . Commissioners, 70 N.C. 656 (N.C. 1874).

Pincite

Opinion

The plaintiff, alleging that the Commissioners of Rutherford (657) county owe the Commissioners of Henderson $2,371.66, apply for a mandamus to compel its payment.

Defendants demur for want of jurisdiction. His Honor sustaining the demurrer, dismissed the complaint, whereupon plaintiffs appealed. The question in this case is the same as in Steele v. Commissioners, ante 137, at this term, and the decision is the same, and for the same reason. The Board of Commissioners of a county must be sued in the county of which they are Commissioners.

There is no error.

PER CURIAM. Judgment affirmed.

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The plaintiff, alleging that the Commissioners of Rutherford (657) county owe the Commissioners of Henderson $2,371.66, apply for a mandamus to compel its payment.

Defendants demur for want of jurisdiction. His Honor sustaining the demurrer, dismissed the complaint, whereupon plaintiffs appealed. The question in this case is the same as in Steele v. Commissioners, ante 137, at this term, and the decision is the same, and for the same reason. The Board of Commissioners of a county must be sued in the county of which they are Commissioners.

There is no error.

PER CURIAM. Judgment affirmed.

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Bluebook (online)

70 N.C. 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioners-v-commissioners-nc-1874.