Legal Opinion

Burke County Road Commissioners v. Commissioners of Burke County

Supreme Court of North Carolina

Decided December 6, 1922PublishedCited by 1 opinion

Appeal by defendant from Bay, J., at chambers, 3 July, 1922, from Buree. Civil action to obtain a mandamus, beard by consent. Tbe action is instituted by tbe Burke County Road Commission, established by Public-Local Laws of 1921, cb. 64, to compel tbe defendant board to turn over to them tbe proceeds of certain bonds for road purposes alleged to belong to plaintiff commission under and by virtue o£ said statute and other acts appertaining to the subject.

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Appeal by defendant from Bay, J., at chambers, 3 July, 1922, from Buree. Civil action to obtain a mandamus, beard by consent. Tbe action is instituted by tbe Burke County Road Commission, established by Public-Local Laws of 1921, cb. 64, to compel tbe defendant board to turn over to them tbe proceeds of certain bonds for road purposes alleged to belong to plaintiff commission under and by virtue o£ said statute and other acts appertaining to the subject. There was denial of liability or obligation on part of defendants. Jury trial being waived, cause was heard by the court, and judgment…

1Opinion of the CourtHoKE, J.

It appears that plaintiff board was constituted by Public-Local Laws of 1921, ch. 64, and given exclusive control of the laying off, establishing, building, altering, and repairing and maintaining all of the public roads of Burke County, and of the purchase of all the necessary equipment and material therefor. And in section 12 of the act it is provided in general terms that all road moneys for the designated purposes arising by taxation or sale of road bonds, etc., shall be turned over and belong to them by virtue of their office, etc.

It further appears that the fund, or a portion of it, the…

2Cases cited5 opinions

  1. Brown v. . TurnerSupreme Court of North Carolina · 1874
  2. City of Lansing v. Van GorderMichigan Supreme Court · 1872
  3. Tyrrell County v. . HollowaySupreme Court of North Carolina · 1921
  4. Cabarrus County Drainage District, No. 2 v. Board of CommissionersSupreme Court of North Carolina · 1917
  5. Eisenlord v. . SnyderNew York Court of Appeals · 1877

3Cited by1 opinion

  1. Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1925

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