Steele v. Commissioners of Rutherford
Supreme Court of North Carolina
Civil actioN, for the recovery of certain interest, tried on demurrer, by Moore, Jat the July (Special) Term, 1873, of the Superior Court of MbcKLENbueg- county. Plaintiff sued defendants, who compose the Board of Commissioners of Rutherford county, to the Superior Court of Mecklenburg, the county in which he, the plaintiff) resided.
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Civil actioN, for the recovery of certain interest, tried on demurrer, by Moore, Jat the July (Special) Term, 1873, of the Superior Court of MbcKLENbueg- county. Plaintiff sued defendants, who compose the Board of Commissioners of Rutherford county, to the Superior Court of Mecklenburg, the county in which he, the plaintiff) resided. Pefendants demurred, alleging as a cause, that the action should have been brought in the county of which defendants were officers, to wit; Rutherford. His Honor sustained the demurrer, dismissing the action, and gave judgment against the plaintiff for costs ;…
1Opinion of the CourtReade, J.
The question is as to the proper venue of the action. In Jones v. Commissioners of Bladen, at last Term, 69 N. C. Rep. 412, it was held, “ That suits against the County Commissioners ought to be brought in the county in which they are commissioners.” And that case was supported by two other cases therein cited. The ease was well considered, as will appear by the fact that the Court were divided. And the case was also well argured, as will appear by the brief of the plaintiff’s counsel, who argued against the conclusion to which the Court arrived. As that is the only point in this case, it…
2Cases cited2 opinions
- Stanley v. . Mason, Adm'r.Supreme Court of North Carolina · 1873
- Jones v. . Com'rs of Bladen Co.Supreme Court of North Carolina · 1873
3Cited by20 opinions
- Moran v. MoranSupreme Court of Iowa · 1909
- Goodwin v. ClaytorSupreme Court of North Carolina · 1904
- Cecil v. City of High PointSupreme Court of North Carolina · 1914
- Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
- Coats v. Sampson County Memorial Hospital, Inc.Supreme Court of North Carolina · 1965
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