State v. . Commissioners
Supreme Court of North Carolina
Indictment, tried'before Philips, Judge, anda jury, at July-Term, 1886, of Wayne Superior Court. The defendants were indicted for neglect of duty in failing as commissioners of the county of Wayne, to keep in repair a stock law fence, and upon the trial, they introduced evidence to show that they had, as a Board, levied the assessment prescribed by law to raise money to keep the fence and gates in repair; that they had appointed suitable persons to superintend and keep in…
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Indictment, tried'before Philips, Judge, anda jury, at July-Term, 1886, of Wayne Superior Court. The defendants were indicted for neglect of duty in failing as commissioners of the county of Wayne, to keep in repair a stock law fence, and upon the trial, they introduced evidence to show that they had, as a Board, levied the assessment prescribed by law to raise money to keep the fence and gates in repair; that they had appointed suitable persons to superintend and keep in good order the gates and fences; and had made necessary orders appropriating the funds applicable to the payment of…
1Opinion of the Court
Davis, J.,
(after stating the facts). We think the defendants were entitled to the instructions asked for, and that the error in refusing to give them was not cured by the charge given. The law does not require or contemplate that the commissioners shall personally superintend the fences and keep them in repair. They are required to make all regulations, and to do all other things necessary to carry into effect the provisions of the chapter of The Code relating to the stock law; The Code, §2826; and in doing this, they could hardly do more than was covered by the instructions asked for by the…
2Cases cited1 opinion
- State v. . FishblateSupreme Court of North Carolina · 1880
3Cited by1 opinion
- State v. LeeperSupreme Court of North Carolina · 1908