Board of Education v. Town of Henderson
Supreme Court of North Carolina
Civil ActioN to recover fines, forfeitures and penalties for violation of State laws and town ordinances, collected by the authorities of the town of Henderson, for the use of the free public schools of Vance County, tried before Moore, J., at. April Term, 1899, of VaNce Superior Court, upon exceptions to report of referee, who reported $407.90 as the sum due the plaintiff.
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Civil ActioN to recover fines, forfeitures and penalties for violation of State laws and town ordinances, collected by the authorities of the town of Henderson, for the use of the free public schools of Vance County, tried before Moore, J., at. April Term, 1899, of VaNce Superior Court, upon exceptions to report of referee, who reported $407.90 as the sum due the plaintiff. Both parties filed exceptions, which were overruled — the report confirmed — -and judgment rendered accordingly in favor of plaintiff for $407.90, from which judgment both sides appealed. The facts and exceptions appear in…
1Opinion of the CourtFurches, J.
The plaintiff Board of Education of Vance County alleges that defendant town of Henderson has collected, and now has in its treasury, a large amount of money ■collected from fines and penalties belonging to the public school fund of said county, which defendant refuses to account for and pay over to plaintiff.
The defendant answers and denies that it owes plaintiff anything — denies that it has collected any fines and penalties that belong to the plaintiff — pleads the statute of limitations, and also pleads an Act of the Legislature (Laws 1899, chap. 28), in bar of plaintiff’s right to…
2Cases cited8 opinions
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Robertson v. . DunnSupreme Court of North Carolina · 1882
- Draughan v. . BuntingSupreme Court of North Carolina · 1848
- Barnes v. . BarnesSupreme Court of North Carolina · 1861
- Jones v. . CrittendenSupreme Court of North Carolina · 1814
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