Sedberry v. . Board of Commissioners, Chatham County
Supreme Court of North Carolina
This was a mandamus tried before His Honor, Judge Bux-ton at Fall Term 1871, of Cumberland Superior Court. The plaintiff held a debt against the county of Chatham,, due prior to, and at the date of the passage of the Act, March? 7th, 1871, Acts 1870-71, ch. 114, p. 176, and obtained a peremptory mandamus against the defendants, commanding them to levy and collect a tax sufficient to pay his debt.
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This was a mandamus tried before His Honor, Judge Bux-ton at Fall Term 1871, of Cumberland Superior Court. The plaintiff held a debt against the county of Chatham,, due prior to, and at the date of the passage of the Act, March? 7th, 1871, Acts 1870-71, ch. 114, p. 176, and obtained a peremptory mandamus against the defendants, commanding them to levy and collect a tax sufficient to pay his debt. The peremptory mandamus issued from Fall Term 1870,. returnable to Spring Term 1871, and the defendants having-at that time failed to perform its commands, a rule was granted against them to show…
1Opinion of the CourtPeaesoN, C. J.
According to the view of this case taken in the Court below and by the counsel of both parties in this Court, two very interesting questions were presented.
1. Has the General Assembly power to forbid the Board of Commissioners of a county from levying and collecting a tax, to pay an existing debt of the county, when the defendant is commanded to do so by the order of a Superior Court having jurisdiction of the matter?
2. Must the defendant take tbe responsibility of deciding •this question, so that should the statute be held constitutional, the return is irresponsive and sufficient, otherwise…
2Cited by5 opinions
- Glenn v. . Commissioners of DurhamSupreme Court of North Carolina · 1931
- Glenn v. Board of County CommissionersSupreme Court of North Carolina · 1931
- Alexander v. . CommissionersSupreme Court of North Carolina · 1874
- Badger v. City of New OrleansSupreme Court of Louisiana · 1897
- Edwards v. . CommissionersSupreme Court of North Carolina · 1874