Carson v. Commissioners of Cleaveland County
Supreme Court of North Carolina
Mandamus, before Logan, J., at Spring Term 1870, of Mecklenburg Court. The plaintiff had. taken out the process against the Justices of the (late) County Court of Cleaveland, in 1867, and they had answered. The suit was continued, (a part of the debt claimed having been paid from time to time,) until the adoption of the present Constitution abolishing those Courts.
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Mandamus, before Logan, J., at Spring Term 1870, of Mecklenburg Court. The plaintiff had. taken out the process against the Justices of the (late) County Court of Cleaveland, in 1867, and they had answered. The suit was continued, (a part of the debt claimed having been paid from time to time,) until the adoption of the present Constitution abolishing those Courts. At Spring Term 1869, notice was issued to the Commissioners of the county, requiring them to show cause why they' should not be made parties to the suit. At the last term, the plaintiff moved for a peremptory mandamus to them, but…
1Opinion of the CourtPearson, C. J.
The order that notice issue to the Commissioners of the County of Cleaveland, to show cause why they should not be made parties to a proceeding by writ of mandamus heretofore directed to the Justices of the County, is based upon two mistaken ideas; the one, that the writ of mandamus may be revived, like an ordinary action— no precedent can be cited to support it; the other, that the Commissioners represent the Justices of the County, as an executor or administrator represents his testator or intestate.
It is true, the County Court is abolished by the Constitution, and may be said to be “…
2Cited by2 opinions
- School Committee v. . KeslerSupreme Court of North Carolina · 1872
- Thomas Ex Rel. Washington v. Commissioners of Carteret CountySupreme Court of North Carolina · 1872