State Ex Rel. Tate v. Commissioners of Haywood County
Supreme Court of North Carolina
APPLICATION for mandamus to compel the defendants, the Board of Commissioners of Haywood County, to levy special tax for working the public roads of said county authorized by Chapter 249, Acts of 1897, heard before Ewart, Judge of the Criminal Circuit Court of Buncombe, Madison, Henderson and Haywood counties at Chambers on the 24th day of August, 1897. The summons was entitled in the Superior Court of .Haywood Court and issued by the Clerk thereof.
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APPLICATION for mandamus to compel the defendants, the Board of Commissioners of Haywood County, to levy special tax for working the public roads of said county authorized by Chapter 249, Acts of 1897, heard before Ewart, Judge of the Criminal Circuit Court of Buncombe, Madison, Henderson and Haywood counties at Chambers on the 24th day of August, 1897. The summons was entitled in the Superior Court of .Haywood Court and issued by the Clerk thereof. His Honor rendered judgment for the plaintiff and the defendant appealed, assigning error as follows: “That his Honor held (1) That he had…
1Opinion of the Court
Clark, J.:
This is an action instituted in the Superior Court of Haywood County returnable before the Judge of the Circuit Court of Buncombe, Madison, Henderson and Haywood Counties, in which a mandamus is asked against the defendant commissioners. Under our statutes, the Superior Court alone has jurisdiction of this cause of aption. The plea to the jurisdiction was overruled upon the terms of Section 2, Chapter 6, of the Acts 1897 which provides that “The Judge of said Circuit Court, in addition to the criminal jurisdiction he now has, shall have also as to all civil actions and special…
2Cited by10 opinions
- Walkinshaw v. O'BrienSupreme Court of Connecticut · 1943
- State v. NormanSupreme Court of North Carolina · 1953
- State Ex Rel. North Carolina Utilities Commission v. Old Fort Finishing PlantSupreme Court of North Carolina · 1965
- Sewing Machine Co. v. . BurgerSupreme Court of North Carolina · 1921
- Mott v. Board of Commissioners of Forsyth CountySupreme Court of North Carolina · 1900
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