Commissioners of Currituck County v. Commissioners of Dare County
Supreme Court of North Carolina
MotioN for a Mandamus heard at Spring Term, 1878, of DaRE Superior Court, before Furches, J. The plaintiff moved for a mandamus to compel the defendant to levy a uniform tax upon the whole county of Daie to pay a judgment theretofore rendered in favor of the county of Currituck; but the defendant insisted that the tax should be collected only out of that portion of Dare county which was taken from Currituck. His Honor allowed the plaintiff’s motion and the defendant appealed.
1Opinion of the CourtSmith, C. J.
The county of Dare was formed out of parts of the counties of Currituck, Tyrrell, and Hyde, under an act of the General Assembly, ratified and taking effect on the 3rd day of February, 1870. Acts of 1869-’70, ch. 36. Section 17 of the act directs the organization of the county after a popular vote of approval from the electors residing within its proposed limits, and then follows this proviso:
That that portion of the citizens taken from the county of Currituck and attached to the county of Dare shall not be released from their proportion of the outstanding county debt contracted for public…
2Cases cited2 opinions
- Commissioners of Granville County v. BallardSupreme Court of North Carolina · 1873
- Mauney v. Board of CommissionersSupreme Court of North Carolina · 1874
3Cited by13 opinions
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
- Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
- Township of Canosia v. Township of Grand LakeSupreme Court of Minnesota · 1900
- Watson v. Commissioners of PamlicoSupreme Court of North Carolina · 1880
- Winslow v. France, TreasurerSupreme Court of Oklahoma · 1908
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