Jones v. Commissioners of Rowan
Supreme Court of North Carolina
Civil Action heard upon complaint and, demurrer at Spring Term 1881, of Rowan Superior Court, before Seymour, J. -The summons commanded the sheriff to summon the board of commissioners of Rowan county, composed of D. A. Davis, J. G. Fleming, G. A. Bingham, D. C. Reid, and W. M. Kincaid, to be and appear, &c.
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Civil Action heard upon complaint and, demurrer at Spring Term 1881, of Rowan Superior Court, before Seymour, J. -The summons commanded the sheriff to summon the board of commissioners of Rowan county, composed of D. A. Davis, J. G. Fleming, G. A. Bingham, D. C. Reid, and W. M. Kincaid, to be and appear, &c. The plaintiffs in their complaint allege substantially as follows : That they obtained judgment before a justice of the peace, in Rowan county against one W. H. Kestler, on the 6th day of September, 1879, for the sum of eighty-five dollars and sixty-one cents and costs; that an execution…
1Opinion of the CourtAshe, J.
The'detnurrer ought not to have been sustained5 by his Honor. The first cause assigned was too indefinite^ and the second was defective in that it assigned as cause of demurrer that the action should have been against the board of commissioners and not against the individuals constituting the board, when in fact, the action was against the-board and not against the individual members thereof.
It is true, the names of the members of the board are mentioned in the summons, but that was surplusage, and the “board of commissioners” in its corporate capacity was by the terms of the process, the…
2Cited by5 opinions
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- Elam v. . BarnesSupreme Court of North Carolina · 1892
- H. & E. Hartman & Co. v. SpiersSupreme Court of North Carolina · 1882
- Hunter v. . YarboroughSupreme Court of North Carolina · 1885
- Allen v. Commissioners of Muddy Creek Drainage DistrictSupreme Court of North Carolina · 1918