Legal Opinion

Bear v. Board of County Commissioners

Supreme Court of North Carolina

Decided April 5, 1898PublishedCited by 15 opinions

Civil action for mandamus heard before Mclver, J., at Fall Term, 1897, of Brunswick Superior Court. Upon the facts found by his Honor (which are set out in the opinion of Chief Justice Faircloth) he denied the application for the mandamus and plaintiff appealed.

1Opinion of the Court

Faircloth, O. J.:

This action is brought to compel the defendant to levy a tax on all the subjects of taxation in the county, sufficient to pay the plaintiff’s judgments set out in the complaint. The case agreed, upon the facts found by the Court, states that the judgments sued on were obtained in 1894 in certain actions by the plaintiff against the defendant, on former judgments obtained by the plaintiff against the defendant in the year 1888; that the causes of action on which the said judgments of 1888 were obtained were school claims as alleged in the answer; that there is nothing in the…

2Cases cited5 opinions

  1. Hawkins v. GlennSupreme Court of the United States · 1889
  2. Commissioners of Taxing Dist. of Brownsville v. LoagueSupreme Court of the United States · 1889
  3. Clark v. WolfSupreme Court of Iowa · 1870
  4. State ex rel. Wilson v. RaineySupreme Court of Missouri · 1881
  5. City of Cairo v. CampbellIllinois Supreme Court · 1886

3Cited by15 opinions

  1. Floersheim v. Board of CommissionersNew Mexico Supreme Court · 1922
  2. Stuart v. Winslow Elementary School District No. 1Arizona Supreme Court · 1966
  3. A., T. S. F. Ry. Co. v. Com'rsSupreme Court of Colorado · 1934
  4. Schmid v. City of PortlandOregon Supreme Court · 1917
  5. Bear v. Commissioners of Brunswick CountySupreme Court of North Carolina · 1899

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