Alexander v. Commissioners of McDowell
Supreme Court of North Carolina
This was a petition for a writ of mandamus against the County Commissioners of McDowell County, filed on the 18th day of October, 1810, and heard before Henry, J., at a Special Term, of Mecklenburg Superior Court.
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This was a petition for a writ of mandamus against the County Commissioners of McDowell County, filed on the 18th day of October, 1810, and heard before Henry, J., at a Special Term, of Mecklenburg Superior Court. The following facts were agreed upon : That the suit was brought to compel the Commissioners of McDowell County to levy a tax, for the payment of interest dne upon bonds issued by the County Court, under authority of an act of the General Assembly, entitled an act, amendatory of an act, incorporating the Western North Carolina Railroad Company. 2d. That said bonds wore signed, hut…
1Opinion of the CourtReaue, J.
1. As to whether a demand was necessary before action ?
In Nichols v. Pool, 2 Jones 23, which is the leading case in our Court upon the subject, it is decided, that if a note be payable at a particular time and place, a demand at the time and place need not be averred or poved in an action by the holder against the maker, It. is otherwise if the note be payable on demand at a particular time and place.
In our case, it is stated that the notes and coupons were payable at Marion; but it is not stated that they were payable on demand at Marion. It would seem, therefore, that if this were an…
2Cited by6 opinions
- Godfrey v. Tidewater Power Co.Supreme Court of North Carolina · 1944
- County Commissioners v. FlanaganColorado Court of Appeals · 1912
- Hawley v. . Com'rs of FayettevilleSupreme Court of North Carolina · 1880
- County Commissioners v. FlanaganColorado Court of Appeals · 1912
- Dowd v. N. C. RailroadSupreme Court of North Carolina · 1874
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