Rollins v. . Rogers
This text of 168 S.E. 206 (Rollins v. . Rogers) 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
Mandamus is available against a board of county commissioners only to compel tbe 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 has been shown in the instant case. Powers v. Asheville, 203 N. C., 2, 164 S. E., 324; Person v. Doughton, 186 N. C., 723, 120 S. E., 481. The writ was improvidently granted.
Reversed.
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Cite This Page — Counsel Stack
168 S.E. 206, 204 N.C. 308, 1933 N.C. LEXIS 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollins-v-rogers-nc-1933.