Granville County Board of Education v. State Board of Education
Supreme Court of North Carolina
Motion to remove action to Wake County, heard at January Term, 1889, of Granville Superior Court, before Bynum, J. The plaintiff brought action against the defendant to September Term, 1888, of Granville Superior Court, which term began on the 10th day of September, 1888. Service was accepted by the Governor on' the 15th day of September, 1888. The plaintiff was then allowed thirty days to file complaint, and the defendant was allowed sixty-five days to file answer.
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Motion to remove action to Wake County, heard at January Term, 1889, of Granville Superior Court, before Bynum, J. The plaintiff brought action against the defendant to September Term, 1888, of Granville Superior Court, which term began on the 10th day of September, 1888. Service was accepted by the Governor on' the 15th day of September, 1888. The plaintiff was then allowed thirty days to file complaint, and the defendant was allowed sixty-five days to file answer. The complaint was filed on the 24th day of September, 1888, and the answer was filed on the 23d day of November, 1888. In this…
1Opinion of the Court
Clark, J.:
The defendant moves to dismiss the action on the ground that the defendant is only an agency of the State, and the Court has no jurisdiction to entertain the action, as the State does not consent to be sued. The Code, §2503, incorporates the defendant, and directs, among other things, that it “may sue and be sued as such.” This is sufficient consent, if such be necessary. In Bain v. The State, 86 N. C., 49, the Court expressly holds that the Insane Asylum can be sued. Actions against that institution, and against the other great State agency and charity, the Institution for the Deaf…
2Cases cited6 opinions
- McMinn v. . HamiltonSupreme Court of North Carolina · 1877
- Raleigh & Augusta Air-Line Railroad v. JenkinsSupreme Court of North Carolina · 1873
- Ellis v. N. C. Institution for the Deaf & Dumb & the BlindSupreme Court of North Carolina · 1873
- Bain v. . StateSupreme Court of North Carolina · 1882
- Morgan v. First National BankSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State Ex Rel. State Highway Commission v. BatesSupreme Court of Missouri · 1927
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Moody v. State Prison.Supreme Court of North Carolina · 1901
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Howard v. Southern Railway Co.Supreme Court of North Carolina · 1898
21 more not listed; retrieve them via the Exa API.