Legal Opinion

Bennett v. Commissioners of Swain County

Supreme Court of North Carolina

Decided December 19, 1899PublishedCited by 6 opinions

AottoN of MaNdamus to require the defendants to pass upon the official bonds of plaintiffs, Dispensary Commission ers and Manager, under the Act 1899, chap. 558, tried before Starbuck, J., at SavatN Superior Court, and judgment filed 22nd May, 1899, directing the mandamus to issue. Defendants appealed. The opinion states the case.

1Opinion of the CourtOjCAitx, J.

Sec. 11, chap. 558, Laws 1899, prescribes that the Town Commissioners of Bryson City shall appropriate one-third and the County Commissioners of Swain two-thirds of the funds necessary to establish and keep in operation the dispensary created in said town by that act, the not profits arising therefrom to be divided bel ween the town and county in the same proportion. The County and Town Commissioners aforesaid declined to make any appropriation for the establishment of the dispensary. Sec.' 3 of the said act requires the manager to give the bond therein prescribed, to be approved as other…

2Cases cited4 opinions

  1. State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
  2. McCless v. MeekinsSupreme Court of North Carolina · 1895
  3. Guy v. Commissioners of Cumberland CountySupreme Court of North Carolina · 1898
  4. Harrington v. . KingSupreme Court of North Carolina · 1895

3Cited by6 opinions

  1. State v. . GallopSupreme Court of North Carolina · 1900
  2. Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1925
  3. Martin v. Clark.Supreme Court of North Carolina · 1904
  4. Reed v. . FarmerSupreme Court of North Carolina · 1937
  5. State v. . SmithSupreme Court of North Carolina · 1900

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