Johnson v. . Marrow

The plaintiffs insist the court below committed error in holding they were not the proper officials to institute an action for the custody of the securities involved herein. The plaintiffs are relying on Section 775, The Code (now G. S., 155-18); Hewlett v. Nutt, 79 N. C., 263, and Bray v. Barnard, 109 N. C., 44, 13 S. E., 729. However, in view of the provisions contained in G. S., 153-2 (1), which authorizes a county “To sue and be sued in the name of the County,” we think in the absence of a refusal of the Board of Commissioners to institute such action, it should have been brought on…