Legal Opinion

Wikel v. Board of Commissioners

Supreme Court of North Carolina

Decided February 5, 1897PublishedCited by 23 opinions

Civil acttoN, for a mandamus to compel the defendants, the Board of Commissioners of JaoKSON county, to build a bridge, heard before Timberlake, J., at Spring Term, 1896, of JaoKSON Superior Court. A peremptory mandamus was granted and defendants appealed.

1Opinion of the Court

ClaeK, J.:

This was an application for a m andamm against the County Commissioners of Jackson county to compel them to build a certain bridge over the Tuckaseegee river and levy a tax for that purpose, as required by Chapter 12,- Acts 1895. The defendants filed a demurrer denying the power of the Legislature to enact such Statute. The demurrer was overruled, and the defendants, uot availing themselves of the leave granted them to answer over, judgment for a peremptory mandamus and for costs was given against them, from which they appealed. Bending the appeal to this court, tbe Legislature, by…

2Cases cited2 opinions

  1. State v. . HorneSupreme Court of North Carolina · 1896
  2. State Ex Rel. Blount v. SimmonsSupreme Court of North Carolina · 1896

3Cited by23 opinions

  1. Glenn-Robinson v. AckerCourt of Appeals of North Carolina · 2000
  2. State ex rel. Utilities Commission v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1976
  3. Vance v. RankinIllinois Supreme Court · 1902
  4. Benvenue Parent-Teacher Ass'n v. Nash County Board of EducationSupreme Court of North Carolina · 1969
  5. Miller v. . RobertsSupreme Court of North Carolina · 1937

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