Legal Opinion
O'Neal v. . Wake County
Supreme Court of North Carolina
Decided October 17, 1928PublishedCited by 23 opinions
1Opinion of the CourtAdams, J.
The demurrers admit the complaint, but deny its sufficiency in law to constitute a cause of action. Sandlin v. Wilmington, 185 N. C., 257.
Wake County demurs on the ground that it is sued in its corporate capacity, and that there is no allegation in the complaint of a corporate contract; or, differently expressed, that the cause of action, if a sufficient cause is alleged, is against individuals and not against the county as a corporate entity.
In North Carolina every county is a body politic and corporate; it may exercise the powers which are prescribed by statute and those which are…
2Cases cited14 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Smith v. ReevesSupreme Court of the United States · 1900
- Fitts v. McGheeSupreme Court of the United States · 1899
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Great American Insurance Company v. GoldSupreme Court of North Carolina · 1961
- Quality Built Homes Inc. v. Town of CarthageSupreme Court of North Carolina · 2016
- Insurance Co. v. . Guilford CountySupreme Court of North Carolina · 1945
- Denson v. Richmond CountyCourt of Appeals of North Carolina · 2003
- Davidson County v. City of High PointSupreme Court of North Carolina · 1987
18 more not listed; retrieve them via the Exa API.