Commissioners of Vance County v. Commissioners of Granville County
Supreme Court of North Carolina
This was a civil actiox, tried at Spring Term, 1890, of VaNCK Superior Court, before Boylcin, J. The county of Vance was created by, and organized under, and in pursuance of, the statute (Acts 1881, ch. 113), and, as to its territory, it is composed of detached parts of the counties of Granville, Franklin and Warren.
Read the full summary
This was a civil actiox, tried at Spring Term, 1890, of VaNCK Superior Court, before Boylcin, J. The county of Vance was created by, and organized under, and in pursuance of, the statute (Acts 1881, ch. 113), and, as to its territory, it is composed of detached parts of the counties of Granville, Franklin and Warren. The fifteenth section of that statute provides as follows: “That that portion of the citizens and taxable property taken from the counties of Franklin and Granville and attached to the county of Vance, shall not be released from their proportion of the outstanding public debts of…
1Opinion of the Court
MerriMON, C. J
-after stating the facts: The defendant contended in this Court that the complaint fails to state facts sufficient to constitute a cause of action, and, therefore, the action must be dismissed. This objection is unfounded in any aspect of it. The parties have corporate capacity to sue and be sued, and the plaintiff may maintain an action against the defendant as to any cause of action against it it may have, of which the Court ordinarily has jurisdiction. It certainly has the right to have its cause of action and rights in and about the same, when denied and withheld, litigated,…
2Cases cited2 opinions
- Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
- Commissioners of Currituck County v. Commissioners of Dare CountySupreme Court of North Carolina · 1878
3Cited by5 opinions
- Township of Canosia v. Township of Grand LakeSupreme Court of Minnesota · 1900
- Shoshone County v. ProfittIdaho Supreme Court · 1906
- In re Apportionment of Indebtedness between Fremont & Big Horn CountiesWyoming Supreme Court · 1898
- Commissioners of Cumberland County v. Commissioners of Harnett CountySupreme Court of North Carolina · 1911
- Commissioners v. . CommissionersSupreme Court of North Carolina · 1911