Legal Opinion

Board of Education v. Town of Henderson

Supreme Court of North Carolina

Decided May 29, 1900PublishedCited by 25 opinions

Civil ActioN to recover fines, forfeitures and penalties for violation of State laws and town ordinances, collected by the authorities of the town of Henderson, for the use of the free public schools of Vance County, tried before Moore, J., at. April Term, 1899, of VaNce Superior Court, upon exceptions to report of referee, who reported $407.90 as the sum due the plaintiff.

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Civil ActioN to recover fines, forfeitures and penalties for violation of State laws and town ordinances, collected by the authorities of the town of Henderson, for the use of the free public schools of Vance County, tried before Moore, J., at. April Term, 1899, of VaNce Superior Court, upon exceptions to report of referee, who reported $407.90 as the sum due the plaintiff. Both parties filed exceptions, which were overruled — the report confirmed — -and judgment rendered accordingly in favor of plaintiff for $407.90, from which judgment both sides appealed. The facts and exceptions appear in…

1Opinion of the Court

Both parties filed exceptions, which were overruled — the report confirmed — and judgment rendered accordingly in favor (690) of plaintiff for $407.90, from which judgment both sides appealed.

The facts and exceptions appear in the opinions. The plaintiff board of education of Vance County alleges that defendant town of Henderson has collected, and now has in its treasury, a large amount of money collected from fines and penalties belonging to the public school fund of said county, which defendant refuses to account for and pay over to plaintiff.

The defendant answers and denies that it owes…

2Cases cited14 opinions

  1. Sutton v. . PhillipsSupreme Court of North Carolina · 1895
  2. Robertson v. . DunnSupreme Court of North Carolina · 1882
  3. State v. Maultsby.Supreme Court of North Carolina · 1905
  4. Draughan v. . BuntingSupreme Court of North Carolina · 1848
  5. School Directors v. City of AshevilleSupreme Court of North Carolina · 1901

9 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Philpott v. Superior CourtCalifornia Supreme Court · 1934
  2. North Carolina School Boards Ass'n v. MooreSupreme Court of North Carolina · 2005
  3. Shavitz v. City of High PointDistrict Court, M.D. North Carolina · 2003
  4. Shore v. EdmistenSupreme Court of North Carolina · 1976
  5. Cauble v. City of AshevilleSupreme Court of North Carolina · 1980

20 more not listed; retrieve them via the Exa API.

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