Legal Opinion

Commissioners of Bladen County v. Boring

Supreme Court of North Carolina

Decided February 21, 1918PublishedCited by 5 opinions

Civil actioN, tried before Bond, J., at December Term, 1917, of ■BladeN. Under tbe provisions of chapter 336, Public-Local Laws of 1915, three 'townships in Bladen County have voted for the issue of bonds for the improvement of the roads in the township, to the amount of $27,500, ■and the county commissioners sold the bonds to defendant and offered to execute the same on behalf of the townships and to endorse them on ’.behalf of the county as provided in the act.

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Civil actioN, tried before Bond, J., at December Term, 1917, of ■BladeN. Under tbe provisions of chapter 336, Public-Local Laws of 1915, three 'townships in Bladen County have voted for the issue of bonds for the improvement of the roads in the township, to the amount of $27,500, ■and the county commissioners sold the bonds to defendant and offered to execute the same on behalf of the townships and to endorse them on ’.behalf of the county as provided in the act. The defendant refuses to comply with Ms contract of purchase, alleging that, the commissioners, have no right to endorse the bonds…

1Opinion of the Court

"Walkbe, J.,

after stating the case: One question in this case is whether it is governed by the principle stated and applied in Commissioners v. State Treasurer, 174 N. C., 141. We are unable to distinguish the two cases. The following we consider to be a fair statement of the substance of that decision:

First. Under Laws of 1917, ch. 6, sec. 20, providing that townships and road districts created by special act of the General Assembly may avail themselves of the benefits of the chapter, a statute designed to enable the State to lend its aid to road building and maintenance in counties,…

2Cases cited14 opinions

  1. The Employers'liability CasesSupreme Court of the United States · 1908
  2. Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
  3. ILLINOIS CENTRAL RAILROAD COMPANY v. McKENDREESupreme Court of the United States · 1905
  4. Lowery v. School Trustees.Supreme Court of North Carolina · 1905
  5. Commissioners of Johnston County v. LacySupreme Court of North Carolina · 1917

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3Cited by5 opinions

  1. Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
  2. Starbuck v. Town of HavelockSupreme Court of North Carolina · 1960
  3. Commissioners of Surry County v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1919
  4. Berry v. . HainesSupreme Court of North Carolina · 1816
  5. Commissioners v. . Trust Co.Supreme Court of North Carolina · 1919

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