Thompson v. Board of Commissioners
Supreme Court of North Carolina
Appeal by defendant from Horton, J., at February Term, 1921, of PERSON. Civil action brought by plaintiff to recover of defendant, board of commissioners, twenty dollars for each and every illicit distillery seized and captured by him during bis term of office as Sheriff of Person County, from December, 1912, to December, 1920. Plaintiff’s claim is based upon ch. 807, Public Laws 1909, which provides that it shall be the duty of the sheriff of each county to search for and…
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Appeal by defendant from Horton, J., at February Term, 1921, of PERSON. Civil action brought by plaintiff to recover of defendant, board of commissioners, twenty dollars for each and every illicit distillery seized and captured by him during bis term of office as Sheriff of Person County, from December, 1912, to December, 1920. Plaintiff’s claim is based upon ch. 807, Public Laws 1909, which provides that it shall be the duty of the sheriff of each county to search for and seize any illicit distillery, and that he shall be allowed the sum of twenty dollars for every such distillery so seized…
1Opinion of the CourtStacy, J.
¥e think the demurrer should have been sustained under authority of Mills v. Deaton, 170 N. C., 386, and Abernethy v. Comrs., 169 N. C., 631.
The method of remunerating the officers of Person County for their services was changed from the old fee system to a salary basis by ch. 214, Public-Local Laws 1911. This law provides (section 1) that the sheriff of said county may appoint a deputy in each township, who shall receive the fees for serving processes of all kinds and commissions on executions. Section 2 provides: “All other fees, commissions, profits, and emoluments of all kinds now…
2Cases cited3 opinions
- Abernethy v. Board of CommissionersSupreme Court of North Carolina · 1915
- Mills v. . DeatonSupreme Court of North Carolina · 1915
- Commissioners of Orange County v. BainSupreme Court of North Carolina · 1917