Town of Morganton v. Millner
Supreme Court of North Carolina
Appeal by plaintiff from Shaw, J., a>t tbe October Term, 1920, of BueKe. Action beard on appeal of plaintiff from a justice court to tbe Superior Court.
Read the full summary
Appeal by plaintiff from Shaw, J., a>t tbe October Term, 1920, of BueKe. Action beard on appeal of plaintiff from a justice court to tbe Superior Court. Tbe plaintiff complained and seeks to recover $42.15, alleged to be due plaintiff for nonpayment of $42.75 taxes due from defendant Millner and wife for year of 1916, and “which had been placed in the hands of defendant Cain as manager of the town of Morganton with authority to collect same, and which had never been accounted for or charged to him in his settlement with plaintiff as such town manager. Though plaintiff is informed and believes…
1Dissent
ClaeK, 0. J.,
dissenting: The plaintiff is already in the Superior Court, and there are three reasons, each good and sufficient, why the plaintiff should not be dismissed out of that court and compelled to come back into the same court at heavy expense to litigate identically the same question.
1. This action is to recover $42.75, which was paid by H. L. Millner to the defendant Cain, the tax collector of the town of Morganton, but which it is alleged the collector did not pay over to the town of Mor-ganton. It is not denied that Millner paid this tax to the said Cain, and the sole issue is…
2Cases cited4 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Holmes v. BullockSupreme Court of North Carolina · 1919
- Keaton v. . JonesSupreme Court of North Carolina · 1896