McPhail v. Board of Commissioners
Supreme Court of North Carolina
Civil action, begun in -justice’s court, and heard on appeal by Oreene, J., and a jury, at April Term, 1896, Cumberland Superior Court. The plaintiff declared upon a contract for building a bridge, at the price of twenty-three dollars and fifty cents. The defendant, when the case was called, objected to the court’s trying the case, for that there was no law authorizing the holding of a court at this time, and that it had no jurisdiction to try the case at this time.
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Civil action, begun in -justice’s court, and heard on appeal by Oreene, J., and a jury, at April Term, 1896, Cumberland Superior Court. The plaintiff declared upon a contract for building a bridge, at the price of twenty-three dollars and fifty cents. The defendant, when the case was called, objected to the court’s trying the case, for that there was no law authorizing the holding of a court at this time, and that it had no jurisdiction to try the case at this time. Objection overruled and defendant excepted. The plaintiff, in his own behalf, testified that he attended the letting of the…
1Opinion of the Court
Clabic, J. :
As The Gode, Section 2034, originally stood, when bridges were beyond the reasonable capacity of the Road Overseer and his hands, the Board of Township Supervisors were empowered to contract for the building, keeping and repairing of the same, with the concurrence of the Board of County Commissioners. Even under that statute any contract made by the Township Supervisors would not have been valid till reported to and concurred in by the County Commissioners. The Township Supervisors here pursued no improper plan in advertising for the lowest bid, but they erred in supposing that…
2Cited by7 opinions
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- Wing v. Town of LandisCourt of Appeals of North Carolina · 2004
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