Johnston v. Board of Commissioners
Supreme Court of North Carolina
Enle to attacli for disobedience to peremptory mandamus, heard before Logan, J., at Spring Term, 1872, of the Superior Court Of MECKLENBURG!. The proceedings were commenced by summons returnable to Spring Term, 1870, of said Court; when a sworn complaint was filed, alleging that the plaintiff was the holder oí 148 coupons, of S3.50 each, of certain bonds issued by the County of Cleaveland, under the provisions of an act of Assembly, ratified February 2d, 1857, entitled an…
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Enle to attacli for disobedience to peremptory mandamus, heard before Logan, J., at Spring Term, 1872, of the Superior Court Of MECKLENBURG!. The proceedings were commenced by summons returnable to Spring Term, 1870, of said Court; when a sworn complaint was filed, alleging that the plaintiff was the holder oí 148 coupons, of S3.50 each, of certain bonds issued by the County of Cleaveland, under the provisions of an act of Assembly, ratified February 2d, 1857, entitled an “Act to alter and amend the Charter of the Wilmiugton, Charlotte & Eutherford Eailroad Company,” that the Justices of the…
1Opinion of the CourtPearson, C. J.
There is no error in the order by which the rule is discharged. We concur with his Honor in the opinion that the answer to the rule was responsive and sufficient.
We are inclined to the ©pinion that the rule was improvidently granted in the first instance. It seems to have proceeded upon the ground that the return to the writ of mandamus was “ frivolous” and not fit to be noticed. Otherwise, the -rule would have been, to show cause why a more lull and perfect-return should 'not be made, the first return being considered insufficient and not tally responsive. Instead of this the rule is, that…
2Cited by18 opinions
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- Cecil v. City of High PointSupreme Court of North Carolina · 1914
- Coats v. Sampson County Memorial Hospital, Inc.Supreme Court of North Carolina · 1965
- Commissioners of Hendersonville v. C. A. Webb & Co.Supreme Court of North Carolina · 1908
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1881
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