Womble v. . Commissioners of Wake

74 N.C. 421

• Court: Supreme Court of North Carolina
• Decided: January 5, 1876
• Status: Published

Opinion

Reads, J.

Wake county was obliged to support its paupers at the poor house. Under stress of circumstances, it ordered the Wardens to borrow money to buy meat. The plaintiff loaned the money with which the meat was bought. The meat was received and used at the poor house.

We pass by the question whether the county had the power to “ borrow money.” It certainly had the power and w7as bound to purchase meat for the poor house. It did purchase meat, and the plaintiff paid for it. He is therefore entitled to recover as for money paid to the use of the county ; or as being substituted to the rights of the person who furnished the meat.

The question has been considered more at large at this term in D vis v. Commissioners of Stokes County, and in Daniel v. The Commissioners of Edgecombe County.

There is no error.

Pee Cueiam. Judgment affirmed.