Legal Opinion

Commissioners of Wake v. City of Raleigh

Supreme Court of North Carolina

Decided February 5, 1883PublishedCited by 7 opinions

Appeal from an order of reference made at June Term, 1882, of Wake Superior Court, by MacRae, J. Defendant appealed.

1Opinion of the CourtSmith, C. J.

The object of the present action is the recovery of moneys alleged to belong to the plaintiffs, as a board of education for the county, collected and paid into the treasury of the city of Raleigh.

The complaint charges the fund claimed to have been derived from “the net proceeds of the sale of estrays and the clear proceeds of the penalties and forfeitures and fines for breaches of the penal laws of the state of North Carolina” — following the language of section four, article nine, of the amended constitution, which appropriates moneys received from these sources to the establishment and…

2Cases cited3 opinions

  1. Neal v. . BecknellSupreme Court of North Carolina · 1881
  2. McPeters v. . RaySupreme Court of North Carolina · 1881
  3. A., T. O. R. R. Co. v. . MorrisonSupreme Court of North Carolina · 1880

3Cited by7 opinions

  1. Bank of Tarboro v. Fidelity & Deposit Co.Supreme Court of North Carolina · 1900
  2. Shavitz v. City of High PointDistrict Court, M.D. North Carolina · 2003
  3. Gaither v. Albemarle Hospital, Inc.Supreme Court of North Carolina · 1952
  4. Clements v. . RogersSupreme Court of North Carolina · 1886
  5. Solon Lodge No. 9 Knights of Pythias Co. v. Ionic Lodge Free Ancient & Accepted Masons No. 72 Co.Supreme Court of North Carolina · 1957

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