Raleigh & Augusta Air-Line Railroad v. Jenkins
Supreme Court of North Carolina
Civil action to obtain an order for a Mandamus, returned before Chief Justice Pearson, at Chambers, in the city of Raleigh, on the 1st day of February, 1878. The facts are the same as in the foregoing case between the same parties, except that in this case the bonds tendered by the plaintiff, for which were demanded the mortgage . bonds of the Chatham Railroad Company, were bonds of the State, some of them issued prior to the ordinance of the Convention, ratified 11th March…
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Civil action to obtain an order for a Mandamus, returned before Chief Justice Pearson, at Chambers, in the city of Raleigh, on the 1st day of February, 1878. The facts are the same as in the foregoing case between the same parties, except that in this case the bonds tendered by the plaintiff, for which were demanded the mortgage . bonds of the Chatham Railroad Company, were bonds of the State, some of them issued prior to the ordinance of the Convention, ratified 11th March 1868, and some issued after the passage of said ordinance. On the return of the summons the defendant filed a special…
1Opinion of the CourtPearson, C. J.
We hold, but with much hesitation, that this Court has power by mandamus to require the Public Treasurer to accept bonds of the State, and to deliver to the *503plaintiff a like amount of the bonds of the Chatham Railroad Company, which he holds by reason of an exchange of State bonds for the bonds of that Company.
It must be admitted that the power of the Courts to compel by the writ of mandamus, an executive officer of the government to do certain acts, has been carried to its utmost limit, so as not to violate the provision of the Constitution —that the executive, legislative and judicial…
2Cited by12 opinions
- Russell v. AyerSupreme Court of North Carolina · 1897
- Barnes v. Commissioners.Supreme Court of North Carolina · 1904
- State v. Biggs.Supreme Court of North Carolina · 1903
- Granville County Board of Education v. State Board of EducationSupreme Court of North Carolina · 1890
- Bickett v. State Tax CommissionSupreme Court of North Carolina · 1919
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