Somers v. Board of Commissioners
Supreme Court of North Carolina
Civil action for the tax books of 1898 and to enjoin their delivery to the tax collector, heard before Coble, J., at Pall Term, 1898, of the Superior Court of Burke County.
Read the full summary
Civil action for the tax books of 1898 and to enjoin their delivery to the tax collector, heard before Coble, J., at Pall Term, 1898, of the Superior Court of Burke County. T. M. Webb was duly elected Sheriff of Burke County at the Fall election of 1896 and on first Monday in December, 1896, was inducted into office for the term of two years — -until December, 1898. In the Spring of 1898 T. M. Webb, Sheriff, became mentally and physically incapacitated to perform the duties of his office and turned over all his books and business to his deputy, A. P. Somers, and shortly thereafter became…
1Opinion of the Court
Clark, J.:
Upon the insanity of the Sheriff his right to exercise the office ceased, and his committal to the asylum for the insane and the appointment of a guardian for him, upon the certificate of the Superintendent of the Asylum as provided by .The Code, Section 1673, was certainly at least prima facie evidence of such insanity. There was no evidence offered to contradict such insanity. Upon the declaration of insanity the sureties of the Sheriff had no more rights than would have gone to them upon his death, i. e., to collect the tax list then in his hands. Code, Section 3687; Laws 1897,…
2Cases cited4 opinions
- Greer v. City of AshevilleSupreme Court of North Carolina · 1894
- Jamesville & Washington Railroad v. FisherSupreme Court of North Carolina · 1891
- State Ex Rel. McNeill v. SomersSupreme Court of North Carolina · 1887
- Perry v. . Campbell and OthersSupreme Court of North Carolina · 1869
3Cited by4 opinions
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937
- Davis v. . MooreSupreme Court of North Carolina · 1939
- Lenoir County v. . TaylorSupreme Court of North Carolina · 1925
- Styers v. . Forsyth CountySupreme Court of North Carolina · 1937