Legal Opinion

Lutterloh v. Board of Commissioners

Supreme Court of North Carolina

Decided June 5, 1871PublishedCited by 8 opinions

This was a petition for a peremptory mandcwnm heard before Buxton, J., at Spring Term, 1871, of Cumberland Superior Court. The petioner had heretofore obtained judgments in sixteen ■cases against the defendants, amounting in the aggregate to several thousand dollars. Executions were issued in all the cases, upon each of which the Sheriff of Cumberland county ¡returned “ nothing to be found.”

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This was a petition for a peremptory mandcwnm heard before Buxton, J., at Spring Term, 1871, of Cumberland Superior Court. The petioner had heretofore obtained judgments in sixteen ■cases against the defendants, amounting in the aggregate to several thousand dollars. Executions were issued in all the cases, upon each of which the Sheriff of Cumberland county ¡returned “ nothing to be found.” After said return of the Sheriff, the plaintiff caused a summons to issue against the defendants, returnable to Spring Term, 1871, of Cumberland Superior Court, and filed a written complaint verified by…

1Opinion of the CourtDick, J.

Tlie plaintiff has established his debt against the County of Cumberland by j udgment duly docketed; and as he cannot enforce payment by an execution, he is entitled to a writ oí mandamus against the Board of Commissioners to compel them to levy a tax for the satisfaction of said judgment* Gooch v. Gregory, 65 N. C. 142.

There is no provision in the C. C. P., regulating the proceedings in writs of mcmdamus, and in such cases “ the practice heretoiore in use, may be adopted so far as may be necessary to prevent a failure of justice.” C. C. P., sec. 392.

The writ oi mandamus is an extraordinary…

2Cases cited2 opinions

  1. Tate v. . PoweSupreme Court of North Carolina · 1870
  2. Gooch v. . GregorySupreme Court of North Carolina · 1871

3Cited by8 opinions

  1. Person v. . WattsSupreme Court of North Carolina · 1922
  2. Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
  3. Hughes v. Commissioners of Craven CountySupreme Court of North Carolina · 1890
  4. Casualty Co. v. . Comrs. of SaludaSupreme Court of North Carolina · 1938
  5. Carteret County v. Sovereign Camp, Woodmen of the WorldCourt of Appeals for the Fourth Circuit · 1935

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