Legal Opinion

Manuel v. Board of Commissioners

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 26 opinions

Civil ACTION, tried before MacRae, Judge, at November Term, 1885, of Cumberland Superior Court. The plaintiff alleged, in substance, that he was imprisoned in the common jail of the county of Cumberland, about one month, according to law ; that while he was so imprisoned,' the defendants unlawfully and negligently failed to provide at all for his comfort and warmth, as they were required by law to do; that during a part of the time of his imprisonment, the weather was bitter…

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Civil ACTION, tried before MacRae, Judge, at November Term, 1885, of Cumberland Superior Court. The plaintiff alleged, in substance, that he was imprisoned in the common jail of the county of Cumberland, about one month, according to law ; that while he was so imprisoned,' the defendants unlawfully and negligently failed to provide at all for his comfort and warmth, as they were required by law to do; that during a part of the time of his imprisonment, the weather was bitter cold and rough; that he suffered intensely and terribly from the same several days and nights, while the jailer was…

1Opinion of the Court

MekriMON, J.,

(after stating the case). Counties are of and constitute a part of the State government.- A chief purpose of them is to establish its political organization, and effectuate the local civil administration of its powers and authority. They are in their general nature governmental— mere instrumentalities of government — and possess corporate powers adapted to its purposes. It is not their purpose-to create civil liability on their part, and become answerable to individuals civally or otherwise. Indeed, they are not, in a strict legal sense, municipal corporations, like towns- and…

2Cases cited3 opinions

  1. White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
  2. Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
  3. Lewis v. City of RaleighSupreme Court of North Carolina · 1877

3Cited by26 opinions

  1. Board of Commissioners v. AllmanIndiana Supreme Court · 1895
  2. Templeton v. Linn CountyOregon Supreme Court · 1892
  3. County of Cook v. City of ChicagoIllinois Supreme Court · 1924
  4. Archer v. Rockingham CountyCourt of Appeals of North Carolina · 2001
  5. Moody v. State Prison.Supreme Court of North Carolina · 1901

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