Koonce v. Board of Commissioners of Jones County
Supreme Court of North Carolina
This was a civil action, tried at Fall Term, 1889, of the Superior Court of Jones'County, before Boykin, J. The Judge intimated that upon the pleadings, as amended in accordance with the suggestions of Shipp, J., made at a previous term, the plaintiff could not recover; whereupon, the plaintiff submitted to judgment of nonsuit and appealed. The pleadings were as follows: COMPLAINT AS AMENDED AFTER THE RULING OF JUDGE SHIPP.
Read the full summary
This was a civil action, tried at Fall Term, 1889, of the Superior Court of Jones'County, before Boykin, J. The Judge intimated that upon the pleadings, as amended in accordance with the suggestions of Shipp, J., made at a previous term, the plaintiff could not recover; whereupon, the plaintiff submitted to judgment of nonsuit and appealed. The pleadings were as follows: COMPLAINT AS AMENDED AFTER THE RULING OF JUDGE SHIPP. The plaintiff complains, and alleges— 1. That he was appointed and duly qualified and inducted into the office of Sheriff of Jones County on the 7th day of February, 1881;…
1Opinion of the CourtAvery, J.
after stating the facts: The plaintiff was ex officio Treasurer of the county by virtue of his election to the office of Sheriff, and became, in the same way, Treasurer of the County Board of Education. The Code, §§ 768 to 771. For his services in collecting and disbursing the ordinary county fund, The Code (§ 770) declares that he shall “receive as a compensation in full of all services required of him such sum, not exceeding one-half of one per cent, on moneys received, and not exceeding two and a half per cent, on moneys disbursed by him, as the Board of Commissioners of the county may…
2Cases cited1 opinion
- Boner v. . AdamsSupreme Court of North Carolina · 1871
3Cited by5 opinions
- State v. Hullen.Supreme Court of North Carolina · 1903
- McCullers v. Board of CommissionersSupreme Court of North Carolina · 1911
- Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1925
- Board of Drainage Commissioners v. CredleSupreme Court of North Carolina · 1921
- Wool v. Town of EdentonSupreme Court of North Carolina · 1894