Daniel v. . Commissioners of Edgecombe
Supreme Court of North Carolina
Civil ActxoN, tried before '•eymour, J., at July Term, 1875, of Edgecombe Superior Court, upon tbe following CASK AGREED : At a regular term of the late County Court of Edgecombe county, held at Tarboro’ on the fourth Monday of February, 1864, a majority of all the justices being present, an order was made in the words and figures following : “ It appearing to the satisfaction of the court that it will require at least $25,000 for the support of the paupers of this county…
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Civil ActxoN, tried before '•eymour, J., at July Term, 1875, of Edgecombe Superior Court, upon tbe following CASK AGREED : At a regular term of the late County Court of Edgecombe county, held at Tarboro’ on the fourth Monday of February, 1864, a majority of all the justices being present, an order was made in the words and figures following : “ It appearing to the satisfaction of the court that it will require at least $25,000 for the support of the paupers of this county for the next twelve months, including the amount due1 for provisions now on hand and not paid for ; and that there is…
1Opinion of the Court
RoiniAN J.
1. The first question we have to consider is the authority of the County Court of Edgecombe to borrow money in 1864, for the support of the county poor, for the ensuing year. As the money was borrowed in 1864, the case is unaffected by the Constitution of 1868. Municipal corporations being the creatures of statute law, possess no powers but those which are given to them by statute ; that is to say, by the Constitution or some Act of the Legislature.
The general question of the power of a municipal corporation to borrow money, is discussed in 1 Dillon Mun. Corp. sec. 83, and among the…
2Cases cited4 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- Winslow v. Comm'rs of Perquimans CountySupreme Court of North Carolina · 1870
- Yellowly v. . Commissioners of Pitt CountySupreme Court of North Carolina · 1875
3Cited by21 opinions
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- Adams v. California Mutual Building & Loan Ass'nCalifornia Supreme Court · 1941
- Whitehurst v. . DaySupreme Court of North Carolina · 1884
- Haymore v. Commissioners of YadkinSupreme Court of North Carolina · 1881
- Barcroft & Co. v. Roberts & Co.Supreme Court of North Carolina · 1884
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