Commissioners v. Stedman.
Supreme Court of North Carolina
CONTROVERSY.without action under section 803 of the Re-visal, by the Board of Commissioners of New Hanover County and State of North Carolina, against F. H. Sted-man, sheriff, heard by Judge Jas. L. Webb, at the Spring Term, 1906, of the Superior Court of New HaNover. From a judgment for the plaintiffs, the defendant appealed. This was a controversy without action submitted to the court upon an agreed state of facts.
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CONTROVERSY.without action under section 803 of the Re-visal, by the Board of Commissioners of New Hanover County and State of North Carolina, against F. H. Sted-man, sheriff, heard by Judge Jas. L. Webb, at the Spring Term, 1906, of the Superior Court of New HaNover. From a judgment for the plaintiffs, the defendant appealed. This was a controversy without action submitted to the court upon an agreed state of facts. The defendant, F. H. Stedman, sheriff of New Hanover County, was duly elected sheriff of said county for a term of two years at the general election held in the month of…
1Opinion of the Court
Connor, J.,
after stating the facts: Chapter 590, Acts 1905, provides: Sec. 91. “That the sheriff and tax collector shall receive five per cent on all taxes, license and privileges, collected by them for State, county, township, school district or other purposes whatsoever up to the sum of fifty thousand dollars, and upon all sums so collected by him in excess thereof be shall receive two and one-half per cent commissions."
Section 92. “The auditor, in making the settlement of the amount due from the 'sheriff or tax collector aforesaid, shall deduct from the list returned * * * five per cent…
2Cases cited3 opinions
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- State Ex Rel. Bunting v. GalesSupreme Court of North Carolina · 1877
3Cited by12 opinions
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Borders v. . ClineSupreme Court of North Carolina · 1937
- Borders v. ClineSupreme Court of North Carolina · 1937
- Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
- State ex rel. Buford v. WatkinsSupreme Court of Florida · 1923
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