Fountain v. County of Pitt
Supreme Court of North Carolina
Appeal by plaintiff from Bond•, at September Term, 1915, of Pitt. Civil action. Plaintiff sued for an amount alleged to be due for professional services rendered tbe defendant in the years 1909, 1910, and 1911, as county physician, or superintendent of health and quarantine officer of the county. The action was originally entitled William Fountain v. The Board of County Commissioners of the County of Pitt.
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Appeal by plaintiff from Bond•, at September Term, 1915, of Pitt. Civil action. Plaintiff sued for an amount alleged to be due for professional services rendered tbe defendant in the years 1909, 1910, and 1911, as county physician, or superintendent of health and quarantine officer of the county. The action was originally entitled William Fountain v. The Board of County Commissioners of the County of Pitt. Defendant demurred to the complaint upon the ground that the action should have been against “The County of Pitt” or “Pitt County” in its corporate capacity as a county and not against the…
1Opinion of the Court
Waleer, J.,
after stating the case: It is evident from the pleadings in this case that the action was intended to be brought against the county of Pitt, and in the third ground of demurrer the defendant says that such was the intention. The plaintiff nowhere in the complaint alleged any cause of action against the board, but in the first section thereof he says that in May, 1909, he was duly elected to the position of superintendent of health and as quarantine officer for the “county of Pitt.” There is no suggestion in the other sections of the complaint of any other liability than that of the…
2Cases cited4 opinions
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1901
- Caho v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Copple v. Commissioners.Supreme Court of North Carolina · 1905
- Chiles v. United States Furniture Manufacturing Co.Supreme Court of North Carolina · 1914
3Cited by17 opinions
- Bailey v. McPhersonSupreme Court of North Carolina · 1951
- Jones v. . VanstorySupreme Court of North Carolina · 1931
- Clevenger v. . GroverSupreme Court of North Carolina · 1937
- State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
- Blue Ridge Electric Membership Corp. v. Grannis Bros.Supreme Court of North Carolina · 1950
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