State Ex Rel. Moses v. Board of County Commissioners

The opinion of the court was delivered by

Smith, J.:

This is an original action in quo warranto to oust the defendant board of county commissioners and the county clerk and the county treasurer of Marshall county from incurring obligations against and expending funds raised by tax levy under G. S. 1949, 39-364. The defendants have answered. The parties have entered into an agreed statement of facts and the case has been submitted to us for final determination.

After alleging the identity of the parties, the petition alleged that acting pursuant to G. S. 1949, 39-364, the defendant county…