Coleman v. . Coleman
Supreme Court of North Carolina
AottoN heard by O. II. Allen, J., at chambers, 12 February, 1908, in Warren. This is an action for a mandamus to compel the defendant, who is the Treasurer of Warren 'County, to deliver to the plaintiffs, the road commissioners for ITawtree Township, the fund which he has received from taxes levied in 1905 for road purposes, amounting to $335.96. The act of 1899, ch. 581, as amended by the act of 1905, ch. 161, required the county commissioners to levy the road taxes’ for…
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AottoN heard by O. II. Allen, J., at chambers, 12 February, 1908, in Warren. This is an action for a mandamus to compel the defendant, who is the Treasurer of Warren 'County, to deliver to the plaintiffs, the road commissioners for ITawtree Township, the fund which he has received from taxes levied in 1905 for road purposes, amounting to $335.96. The act of 1899, ch. 581, as amended by the act of 1905, ch. 161, required the county commissioners to levy the road taxes’ for ITawtree Township upon the recommendation of its road commissioners. The money collected from the taxes so levied is…
1Opinion of the Court
AValiceR., J.,
after stating the case: The action was properly brought before the Judge, at chambers, if the plaintiffs have any such cause of action as is stated in the complaint. The object of the'action is not to enforce the payment of a “money demand,” but to compel the. performance by the defendant, as Treasurer of the county, of a public duty. Because in the discharge of that duty he must deliver the fund to the plaintiffs docs not make it a money demand. If the plaintiffs are entitled to the possession of the “road fund,” as they allege, their action is not one to enforce the payment of…
2Cases cited4 opinions
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- Jones v. Commissioners.Supreme Court of North Carolina · 1904
- Southern Audit Co. v. McKensieSupreme Court of North Carolina · 1908
- Martin v. Clark.Supreme Court of North Carolina · 1904
3Cited by2 opinions
- Tyrrell County v. . HollowaySupreme Court of North Carolina · 1921
- Brown v. Board of Commissioners of Richmond CountySupreme Court of North Carolina · 1942