Winslow v. Comm'rs of Perquimans County
Supreme Court of North Carolina
Action for money, tried by Pool, J., at Eall Term 1861 of Perquimans Court. The plaintiff, under a contract with the county, hacL built a float bridge, which had been accepted; his claim had also been audited, an order upon the Treasurer given therefor, ■and partial payments thereon made. About $2400 remained unpaid, and for this he brought the form of action usual in money demands, the judgment demanded being “for the sum ■of $2,433 58, with interest from” &c.
Read the full summary
Action for money, tried by Pool, J., at Eall Term 1861 of Perquimans Court. The plaintiff, under a contract with the county, hacL built a float bridge, which had been accepted; his claim had also been audited, an order upon the Treasurer given therefor, ■and partial payments thereon made. About $2400 remained unpaid, and for this he brought the form of action usual in money demands, the judgment demanded being “for the sum ■of $2,433 58, with interest from” &c. The defendants demurred to the complaint, upon the .ground that mandamus is the only form of action proper .against counties, &c. His…
1Opinion of the Court
The plaintiff, under a contract with the county, had built a float bridge, which had been accepted; his claim had also been (219) audited, an order upon the Treasurer given therefor, and partial payments thereon made. About $2400 remained unpaid, and for this he brought the form of action usual in money demands, the judgment demanded being "for the sum of $2,433.58, with interest from" etc.
The defendants demurred to the complaint, upon the ground that mandamus is the only from of action proper against counties, etc.
His Honor sustained the demurrer, and the plaintiff appealed. The defendants…
2Cases cited2 opinions
- Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848
- Brown, Adm'r v. . the Commissioners of WashingtonSupreme Court of North Carolina · 1869
3Cited by6 opinions
- American Fire Alarm Co. v. Board of Police CommissionersSupreme Court of Missouri · 1920
- Daniel v. . Commissioners of EdgecombeSupreme Court of North Carolina · 1876
- Hughes v. Commissioners of Craven CountySupreme Court of North Carolina · 1890
- Gooch v. . GregorySupreme Court of North Carolina · 1871
- Adams v. Mayor of RomeSupreme Court of Georgia · 1877
1 more not listed; retrieve them via the Exa API.