Board of Drainage Commissioners v. Credle
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at chambers, 20 July, 3.921, from Hyde. This action was brought to ascertain and declare by our judgment the commissions which the defendant, as treasurer of the county, is entitled to receive for collecting and disbursing what are known in the drainage law of the district (Laws 1909, ch. 442; Laws 1911, ch. 67; Laws 1917, ch. 152), as assessments for maintenance, etc.
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Appeal by plaintiff from Bond, J., at chambers, 20 July, 3.921, from Hyde. This action was brought to ascertain and declare by our judgment the commissions which the defendant, as treasurer of the county, is entitled to receive for collecting and disbursing what are known in the drainage law of the district (Laws 1909, ch. 442; Laws 1911, ch. 67; Laws 1917, ch. 152), as assessments for maintenance, etc. The claims of the respective parties are set out in the case agreed, this being a controversy submitted without action, the plaintiff’s contention being: (1) that the treasurer is not…
1Opinion of the Court
'WalKER, J.,
after stating the case: It is well to notice, and clearly understand, in the beginning the defendant’s contention. His first proposition is this, that under the act of 1909, ch. 442, sec. 36, after fixing, in that section, the compensation of the engineer and the various rodmen, axemen, chainmen, and other laborers, it is provided as follows: “All other fees and costs incurred under the provisions of this act shall be the same as provided by law for like services in other cases. Said costs and expenses shall be paid, by the order of the court, out of the drainage fund provided for…
2Cases cited3 opinions
- Carter v. Board of Drainage CommissionersSupreme Court of North Carolina · 1911
- Koonce v. Board of Commissioners of Jones CountySupreme Court of North Carolina · 1890
- Commissioners of Robeson County v. LewisSupreme Court of North Carolina · 1917
3Cited by3 opinions
- Fort v. County of CumberlandCourt of Appeals of North Carolina · 2012
- Mangum v. Raleigh Board of AdjustmentCourt of Appeals of North Carolina · 2009
- Hill v. . StansburySupreme Court of North Carolina · 1943