Jones v. . the Board of Commissioners of Bladen Co.
Supreme Court of North Carolina
Civil actioet for the recovery of money loaned, tried upon complaint and demurrer, before his Honor Judge Kerr, at Spring Term, 1875, of the Superior Court of BladeN county. In this complaint, among other things, the plaintiff charged that in 1864 he loaned to the county of Bladen $16,000, for which he received a bond signed by the Chairman of the Court of Pleas and Quarter Sessions, and countersigned by the Clerk of said Court, and under the seal thereof.
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Civil actioet for the recovery of money loaned, tried upon complaint and demurrer, before his Honor Judge Kerr, at Spring Term, 1875, of the Superior Court of BladeN county. In this complaint, among other things, the plaintiff charged that in 1864 he loaned to the county of Bladen $16,000, for which he received a bond signed by the Chairman of the Court of Pleas and Quarter Sessions, and countersigned by the Clerk of said Court, and under the seal thereof. That the Justices of said Court did not pay, nor have the defendants, as their successors since paid the said sum of $16,000, and interest…
1Opinion of the CourtBynum, J.
That a demand was necessary before action begun is well settled. Love v. Commissioners of Chatham, 64 N. C. Rep. 706. If, therefore, it had appeared from the complaint that no demand had been made, that would have been good cause of demurrer. If it had appeared that a demand had been made, but upon the wrong party, that also would have been canee of demurrer. The averment of demand is in the following words: “ That the justices of the late Court of Pleas and Quarter Sessions did not pay, nor have the defendants, as their successors, since paid the said sum of sixteen thousand dollars and…
Also in this document: Per curiam.
2Cases cited1 opinion
- Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870
3Cited by5 opinions
- Richmond v. Town of ReidsvilleSupreme Court of North Carolina · 1891
- Nevins v. City of LexingtonSupreme Court of North Carolina · 1937
- Williams v. Smith.Supreme Court of North Carolina · 1904
- Bridges v. Multnomah CountyOregon Supreme Court · 1919
- Nevins v. City of LexingtonSupreme Court of North Carolina · 1937