Green Ex Rel. Anderson v. Commissioners of Cherokee County
This text of 67 N.C. 117 (Green Ex Rel. Anderson v. Commissioners of Cherokee County) 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.
Opinion
The complaint is, that the County of Cherokee owes the plaintiff a balance for a tract of land bought for county purposes, and that the defendants are th,e Commissioners of the county.
1. It is objected, that the debt was not contracted by the present Board of Commissioners, the defendants; but, if at all, by the County Court, under the old system. There is no force in that objection, because it is the same county, and the present Board is the successor of the County Court.
2. The fact that the Board of Commissioners, under the new system, has recognized the validity of the claim and made several part payments, fully answers the objections as to the competency of the evidence to prove the authority of the Chairman of the old County Court to contract the debt, and. the alleged want of notice.
There is no error.
Per Curiam. Judgment affirmed.
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67 N.C. 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-ex-rel-anderson-v-commissioners-of-cherokee-county-nc-1872.