Legal Opinion

McCless v. Meekins

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 34 opinions

ActioN by B. Y. .McCless et al against J. C. Meekins, Sr., Treasurer of Tyrrell county, and others, for a writ of mandamus to compel the defendant, J. C. Meekins, Sr., as Treasurer of Tyrrell county, and others, to apply a special tax fund to payment of bonds held by plaintiff and for an injunction to restrain the defendant, Meekins, Treasurer, from turning the fund into the general fund of the county pending the action, heard before Brown, <71, who continued the injunction…

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ActioN by B. Y. .McCless et al against J. C. Meekins, Sr., Treasurer of Tyrrell county, and others, for a writ of mandamus to compel the defendant, J. C. Meekins, Sr., as Treasurer of Tyrrell county, and others, to apply a special tax fund to payment of bonds held by plaintiff and for an injunction to restrain the defendant, Meekins, Treasurer, from turning the fund into the general fund of the county pending the action, heard before Brown, <71, who continued the injunction to the hearing and defendant appealed. The facts sufficiently appear in the opinion of Associate Justice MONTGOMERY.

1Opinion of the Court

Montgomery, J. :

The main object of this action is to restrain the defendant, Meekins, who is the Treasurer of Tyrrell county, from paying into the general County Treasury a special tax fund which the plaintiff alleges was collected for the benefit of himself; he also alleges that if this fund is so disposed of he will be without remedy because of the large indebtedness of the County, and because of the constitutional limitation which prevents a sufficient levy of taxes to pay its necessary current expenses. The answer does not fully deny this allegation, nor did the defendant file before his…

2Cases cited2 opinions

  1. Johnson v. . WinslowSupreme Court of North Carolina · 1869
  2. Tucker v. City of RaleighSupreme Court of North Carolina · 1876

3Cited by34 opinions

  1. State Ex Rel. Caldwell v. WilsonSupreme Court of North Carolina · 1897
  2. Manufacturing Co. v. . SummersSupreme Court of North Carolina · 1906
  3. Pocahontas Coal Co. v. Henderson Electric Light & Power Co.Supreme Court of North Carolina · 1896
  4. R. R. v. . ReidSupreme Court of North Carolina · 1924
  5. Whitfield v. Garris.Supreme Court of North Carolina · 1902

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