Board of Commissioners v. Town of Henderson
Supreme Court of North Carolina
Appeal by defendant from Gline, J., at May Term, 1913, of Nance. This action was brought to recover certain expenses incurred and paid by the county of Yance in executing the provisions of law in regard to quarantine during an outbreak of smallpox in said county, and in the town of Henderson, which is in the said county, in the years 1911 and 1912. The complaint is lengthy, and necessarily so, but we need not set out even the substance of all the allegations in order to show…
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Appeal by defendant from Gline, J., at May Term, 1913, of Nance. This action was brought to recover certain expenses incurred and paid by the county of Yance in executing the provisions of law in regard to quarantine during an outbreak of smallpox in said county, and in the town of Henderson, which is in the said county, in the years 1911 and 1912. The complaint is lengthy, and necessarily so, but we need not set out even the substance of all the allegations in order to show clearly the matter involved in the appeal. Defendant demurred, and as the complaint is thereby admitted for the purpose…
1Opinion of the Court
Walxeb, J.,
after stating the case: Our opinion is that the city of Henderson is not liable for the amount paid by the county of Nance, on account of the maintenance and care of the persons afflicted with smallpox, while they were quarantined, nor for any part of it. The plaintiff’s, claim is based upon the-provisions of Revisal, sec. 4508, and this, with the statute cited by defendant, Laws 1911, ch. 62, sec. 2 (ratified 7 March, 1911), will be discussed presently.
The counties, cities, and towns of the State have only such powers and capacities as have been conferred upon them by law. Dillon…
2Cases cited2 opinions
- State v. . WebberSupreme Court of North Carolina · 1890
- Fidelity & Deposit Co. of Maryland v. FlemingSupreme Court of North Carolina · 1903
3Cited by7 opinions
- State v. . KellySupreme Court of North Carolina · 1923
- City of Greensboro v. County of GuilfordSupreme Court of North Carolina · 1926
- Carr v. . LittleSupreme Court of North Carolina · 1924
- Leonard v. SinkSupreme Court of North Carolina · 1929
- Leonard v. . SinkSupreme Court of North Carolina · 1929
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