State Ex Rel. Commissioners of Warrenton v. Arrington
Supreme Court of North Carolina
This is a civil ACTION which was tried before Graves, J., upon complaint and demurrer, at Spring Term, 1888, of Warren Superior Court.
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This is a civil ACTION which was tried before Graves, J., upon complaint and demurrer, at Spring Term, 1888, of Warren Superior Court. The summons issued and served upon the defendant calls upon them “ to answer the complaint of the State of North Carolina ex rel the Commissioners of the Town of Warren-ton which will be filed in the clerk’s office,” &c., and at the return term the complaint was filed, alleging in substance: That James S. Boyd, who died in Warren county on the — day of August, 1887, was duly elected by the Board of Commissioners of the town of Warrenton, in the county of…
1Opinion of the CourtSmith, C. J.
If the complaint be considered apart from the process and its heading, it will be seen that a cause of action is set out in favor of the commissioners of the town of Warrenton, or of the town itself, which they represent, and none in favor of the State. It is true, that in the process they appear as relators prosecuting in the name of the State, as upon an obligation incurred to it, as they do in the caption to their complaint, nevertheless, they are present in the complaint — which is the foundation of the action alone to be answered — as plaintiffs in their official capacity, and…
2Cases cited2 opinions
- State Ex Rel. Cox v. PeeblesSupreme Court of North Carolina · 1872
- Burns v. . Ashworth .Supreme Court of North Carolina · 1875
3Cited by9 opinions
- State Ex Rel. Lanier v. VinesSupreme Court of North Carolina · 1968
- Burrell v. . HughesSupreme Court of North Carolina · 1895
- State Ex Rel. Cook v. SmithSupreme Court of North Carolina · 1896
- Balfour Quarry Co. v. West Construction Co.Supreme Court of North Carolina · 1909
- State Ex Rel. Hines v. VannSupreme Court of North Carolina · 1896
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