Stansbury v. . Guilford County
Supreme Court of North Carolina
Appeal by defendant from Alley, J., at September Term, 1945, of Guilford (Greensboro Division). Civil action instituted 20 February, 1944, for tbe recovery of $2,600.00 from tbe defendant, alleged to be due as a balance on salary. Tbis cause was beard by bis Honor upon an agreed statement of facts, a jury trial having been waived by tbe parties.
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Appeal by defendant from Alley, J., at September Term, 1945, of Guilford (Greensboro Division). Civil action instituted 20 February, 1944, for tbe recovery of $2,600.00 from tbe defendant, alleged to be due as a balance on salary. Tbis cause was beard by bis Honor upon an agreed statement of facts, a jury trial having been waived by tbe parties. Tbe essential parts of tbe agreed statement of facts are as follows: 1. Chapter 427 of Public-Local Laws of 1927, ratified 3 March, 1927, fixed tbe salary of tbe Chairman of tbe Board of Commissioners of Guilford County at $1,800.00 per annum. 2.…
1Opinion of the CourtDenny, J.
The judgments entered in the actions referred to in the above statement of facts and pleaded by the respective parties in this action, are not binding on the parties hereto, except as to the specific claims litigated therein. Consequently, the plaintiff has the right to pursue his claim against the defendant for alleged additional compensation, which claim was not adjudicated in the former litigation. Likewise, the defendant, for whose benefit one of the former actions 'was brought, has the right to assert its defense to plaintiff’s claim, notwithstanding the decision in such action, which,…
2Cases cited9 opinions
- Snipes v. City of WinstonSupreme Court of North Carolina · 1900
- Reed v. . Madison CountySupreme Court of North Carolina · 1938
- Kendall v. . StaffordSupreme Court of North Carolina · 1919
- State Ex Rel. Brigman v. BaleySupreme Court of North Carolina · 1938
- Borden v. City of GoldsboroSupreme Court of North Carolina · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. JohnsonSupreme Court of North Carolina · 1964
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1975