Southern Audit Co. v. McKensie
Supreme Court of North Carolina
AotioN beard by Jones, J., at chambers, from RobesoN, 19 December, 1907. This action was brought for a mandamus. The summons w.as returned before the Judge at chambers on 1 December, 1901. By chapter 488 of the Public Laws of 1901 the Legislature created a “Board of Audit and Finance of Robeson County,” consisting of three members, to investigate and report upon the condition of the finances of the county, to examine the accounts of the county officers and to perform other…
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AotioN beard by Jones, J., at chambers, from RobesoN, 19 December, 1907. This action was brought for a mandamus. The summons w.as returned before the Judge at chambers on 1 December, 1901. By chapter 488 of the Public Laws of 1901 the Legislature created a “Board of Audit and Finance of Robeson County,” consisting of three members, to investigate and report upon the condition of the finances of the county, to examine the accounts of the county officers and to perform other duties therein enumerated. It is further provided in said act as follows (section 9) : “Said Board of Audit and Finance…
1Opinion of the Court
Walker, J.,
after stating the case: The first question to be .considered is the one raised in the defendant’s answer, that the act of 1907 creating a board of audit and finance is in violation of Article YU, sec. 2, of the Constitution, which provides that the county commissioners shall have general supervision and control of the finances of the county “as may be prescribed by law.” It is therefore insisted that the Legislature had no power to authorize the payment of money by the County Treasurer to anyone except upon the order of the commissioners. The answer to this contention is that the…
2Cases cited2 opinions
- Harriss v. WrightSupreme Court of North Carolina · 1897
- Martin v. Clark.Supreme Court of North Carolina · 1904
3Cited by8 opinions
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- Tyrrell County v. . HollowaySupreme Court of North Carolina · 1921
- Freeman v. Board of County CommissionersSupreme Court of North Carolina · 1940
- Penny v. . Board of ElectionsSupreme Court of North Carolina · 1940
- State Ex Rel. Avery County v. BraswellSupreme Court of North Carolina · 1939
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