McArthur v. . McEachin
Supreme Court of North Carolina
Injunction, granted by Russell, J., at Spring Term 1870, of Bobeson Court. No statement of facts is required. The controversy is the same which appears ante 72. The defendants appealed.
1Opinion of the CourtHick, J.
The Board of Commissioners of Bobeson are entrusted with the important public duty, and are invested with the necessary authority to lay off public roads, and build bridges in their county : Special Act 1868-’69, ch. 104.
The manner in which their authority is to be exercised, is regulated by a general statute: Acts of special session 1868, ch. 20. Upon such subjects they possess exclusive original jurisdiction, and are not liable to a civil action at the suit of a party aggrieved by an erroneous discharge of their public duties. The remedy of such a party can be obtained in the Superior Court…
2Cited by2 opinions
- Clark v. . ClarkSupreme Court of North Carolina · 1870
- Ashcraft v. . LeeSupreme Court of North Carolina · 1876