Benjamin Askew v. . James M. Pollack
Supreme Court of North Carolina
Petition for a peremtory mandamus, heard before Clarke, Judge, at Fall Term 1871, of Jones Superior Court. The case as stated on the record is, “ Benjamin Askew w. James Jtl. Pollock, Clfn, Thomas G. Wilson, &c., Commissioners oí Jones county.
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Petition for a peremtory mandamus, heard before Clarke, Judge, at Fall Term 1871, of Jones Superior Court. The case as stated on the record is, “ Benjamin Askew w. James Jtl. Pollock, Clfn, Thomas G. Wilson, &c., Commissioners oí Jones county. The petition sets out that the county of Jones is indebted to the petitioner “in the sum of fourteen hundred and eighty-dollars and sixty-seven cents, for services rendered the said’ county, under a contract with the proper authorities thereof, and also for claims transferred to him, &c., that the claim was presented to the commissioners of the county,…
1Opinion of the CourtDick, J.
The plaintiff alleges that lie is a creditor of the county of Jones, and he seeks to enforce the payment of his claim by a writ of -mandamus.
The proceedings were instituted against certain individuals, styling themselves Commissioners of Jones county. The statute expressly requires, “ All acts or proceedings by or against a county in its corporate capacity should be in the name of tbo board of' commissioners.” Commissioners of Cleaveland vs. Pegram, 65, N. C., 114.
The order to show cause, which is in tbe nature of tbe alternative writ of mandamus, ought not to have been, directed to the…
2Cases cited1 opinion
- Pegram v. Commissioners of Cleaveland CountySupreme Court of North Carolina · 1871
3Cited by1 opinion
- Jenkins Bros. Shoe Co. v. TravisSupreme Court of North Carolina · 1915