City of Wilmington v. Cronly
Supreme Court of North Carolina
Civil action to recover delinquent taxes due to the City of Wilmington, instituted 28th August, 1896, and tried before Mclver, J., and a jury at January Term, 1897, of New Hanover Superior Court.
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Civil action to recover delinquent taxes due to the City of Wilmington, instituted 28th August, 1896, and tried before Mclver, J., and a jury at January Term, 1897, of New Hanover Superior Court. The facts are stated in the report of the defendant’s appeal, ante, page 383. On the trial, his Honor instructed the jury that the plaintiff could not recover for taxes due more than ten years prior to the bringing of the action, or a greater rate of interest on the unpaid taxes than 6 per cent, per annum. To such instructions the plaintiff excepted and appealed from the judgment rendered.
1Opinion of the Court
PLAINTIFF'S APPEAL. FAIRCLOTH, C. J., and FURCHES, J., dissent. The facts are stated in the opinion in the defendant's appeal in this case. Only two exceptions are presented in this appeal:
1. The Court refused to permit the collection of unpaid taxes for any year more than ten years before the bringing of this action. This was error, as stated in the opinion in the defendant's appeal. Jones v.Arrington, 94 N.C. 541. No statute of limitations runs against the sovereign unless it is expressly named therein. This is (390) immemorial law, based on reasons of public policy, which has been observed…
2Cases cited4 opinions
- Whitehurst v. . DaySupreme Court of North Carolina · 1884
- Wikel v. Board of CommissionersSupreme Court of North Carolina · 1897
- Jones v. . ArringtonSupreme Court of North Carolina · 1886
- Jones v. . ArringtonSupreme Court of North Carolina · 1884
3Cited by15 opinions
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- Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
- Raleigh v. . BankSupreme Court of North Carolina · 1943
- Dyer v. . EllingtonSupreme Court of North Carolina · 1900
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