Legal Opinion

Wilson v. . Holding

Supreme Court of North Carolina

Decided November 24, 1915PublishedCited by 4 opinions

Appeal by plaintiffs from Peebles, J., at September Term, 1915, of Wake. Civil action for a mandamus, beard upon a case agreed.

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Appeal by plaintiffs from Peebles, J., at September Term, 1915, of Wake. Civil action for a mandamus, beard upon a case agreed. Tbe board of commissioners of Wake County, wishing to make a general and thorough investigation of the records of the board, and of the register of deeds, treasurer and other officers of the county, to ascertain how the county affairs had been managed and the funds had been expended, authorized its chairman to employ expert accountants. for the purpose, which was done, and plaintiffs were selected by the chairman and contracted to do the work, and, after having…

1Opinion of the Court

Walker, J.,

after stating the case: We have not the slightest doubt that the defendant has refused to audit the plaintiff’s claim from the best motive, that of faithfully and honestly discharging his duty as a public officer of the county, and he should be highly commended for it. The question upon which we are asked our opinion is whether, by a proper construction of the Constitution and statutes to which we have referred in our statement of the case, the defendant can, in law, refuse to countersign this claim, so that it can be paid by the county treasurer. The Constitution, Art. VII, sec.…

2Cases cited3 opinions

  1. Hogan v. . KirklandSupreme Court of North Carolina · 1870
  2. Alexander v. City of StatesvilleSupreme Court of North Carolina · 1914
  3. Halford v. . SenterSupreme Court of North Carolina · 1915

3Cited by4 opinions

  1. State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
  2. Arnold v. Custer CountyMontana Supreme Court · 1928
  3. Gibbs v. MayoCourt of Appeals of North Carolina · 2004
  4. State Ex Rel. Avery County v. BraswellSupreme Court of North Carolina · 1939

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