John v. . Allen
This text of 177 S.E. 634 (John v. . Allen) 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
Tbe statutes under which the plaintiff seeks to compel the issuance of a voucher and the levy of a tax, chs. 88 and 361, Public-Local Laws 1933, deal only with county vouchers and county obligations. The application for writs of mandamus was, therefore, properly denied. Rollins v. Rogers, 204 N. C., 308, 168 S. E., 206; Comrs. v. Lacy, 174 N. C., 141, 93 S. E., 482.
Mandamus is available against a board of county commissioners only to compel the board to do something which it is its duty to do without it. The writ confers no new authority. The party seeking it must have a clear legal right to demand it, and the board must be under a legal obligation to perform the act sought to be enforced. Neither of these prerequisites appears in the instant case. Powers v. Asheville, 203 N. C., 2, 164 S. E., 324.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
177 S.E. 634, 207 N.C. 520, 1935 N.C. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-v-allen-nc-1935.