Legal Opinion

Jones v. Commissioners of Franklin

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 5 opinions

PROCEEDING heard at January Special Term, 1883, of FRANK-lin Superior Court, before Philips, J. The plaintiff was register of deeds of Franklin county, and ex officio clerk to the board of commissioners, and as such presented a claim to the board for issuing orders on the treasurer of the county for the payment of money, to-wit: fifteen cents for each order, as provided in Battle's Revisal, ch. 105, § 25, subdivision 5, in addition to ten cents for recording each order.

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PROCEEDING heard at January Special Term, 1883, of FRANK-lin Superior Court, before Philips, J. The plaintiff was register of deeds of Franklin county, and ex officio clerk to the board of commissioners, and as such presented a claim to the board for issuing orders on the treasurer of the county for the payment of money, to-wit: fifteen cents for each order, as provided in Battle's Revisal, ch. 105, § 25, subdivision 5, in addition to ten cents for recording each order. The board allowed the latter sum, but refused the claim for the said additional sum of fifteen cents, and the plaintiff…

1Opinion of the CourtSmith, C. J.

The case agreed, signed by the counsel of the contesting parties, and upon which the judgment was rendered in the superior court, states, that the disputed claim was presented to the board of county commissioners for recognition and payment, and from their refusal to allow the same, an appeal was taken to that court. No transcript of. the action of the commissioners in the matter is sent up to that, or transmitted, in the appeal, to this court.

We know of no law that constitutes the board, in passing upon claims against the county, such a judicial tribunal that its decisions can be reviewed,…

2Cases cited1 opinion

  1. Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1882

3Cited by5 opinions

  1. Grandy v. . GulleySupreme Court of North Carolina · 1897
  2. Jones v. . HoggardSupreme Court of North Carolina · 1890
  3. Arnold v. . PorterSupreme Court of North Carolina · 1896
  4. Finney v. . CorbettSupreme Court of North Carolina · 1927
  5. McMillan v. Commissioners of Robeson CountySupreme Court of North Carolina · 1884

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