State Board of Agriculture v. White Oak Buckle Drainage District
Supreme Court of North Carolina
ActioN, tried before Allen, J., at January. Term, 1919, of Wake. The State Treasurer, on 25 March, 1912, paid out of the funds of the 'State Board of Agriculture the sum of $1,125.85 for the compensation and expenses of the drainage engineer of the defendant, the White Oak Buckle Drainage District, and his necessary assistants. The payment •of this amount and the purpose for which it was paid are admitted.
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ActioN, tried before Allen, J., at January. Term, 1919, of Wake. The State Treasurer, on 25 March, 1912, paid out of the funds of the 'State Board of Agriculture the sum of $1,125.85 for the compensation and expenses of the drainage engineer of the defendant, the White Oak Buckle Drainage District, and his necessary assistants. The payment •of this amount and the purpose for which it was paid are admitted. It is admitted further that the bonds issued by the district have been sold, and were sold’l August, 1916. The district was organized under chapter 442, Public Laws of 1909; the engineer…
1Opinion of the Court
Walker, J.,
after stating the case: While section 14, chapter 67, Public Laws of 1911, was repealed by section 1, chapter 235, Laws of 1915, the repealing act was not passed until after the money had- been paid and the relation of debtor and creditor existed. Section 14 expressly provided for the refunding or repayment of the amount so paid, whether the district was finally established or not; if established, the amount should be repaid out of the proceeds of the sale of the bonds issued by the district.
The contention of the defendant is that the repeal of the section by chapter 235, Laws of…
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