Freeman v. Board of County Commissioners

19 S.E.2d 9, 221 N.C. 63, 1942 N.C. LEXIS 391

• Court: Supreme Court of North Carolina
• Decided: March 4, 1942
• Status: Published

Opinion

Devin, J.

Tbe facts upon which tbe order appealed from was based are tbe same as those fully set out in State ex rel. Hill v. Ponder and Rice, ante, 58. In tbat case tbe title to tbe public office of tax collector of Madison County was directly in issue, and it was there adjudicated tbat Roy Wade Ponder was tbe duly elected tax collector in and for Madison County, and tbat tbe attempted election of John P. Rice by defendant Board was without authority and of no effect. Hence tbe order of tbe court below restraining defendant Board from making payment of public funds to John P. Rice as tax collector must be

Affirmed.