Horne v. . the State
Supreme Court of North Carolina
Claim against the The State heard at January Term, 1880, of The Supreme Court. The application of plaintiff for leave to constitute an action against the state was made at June term, 1879, and the court declining at that time to pass upon the question of leave or the merits, ordered a copy of the complaint to be furnished the governor to the end that he may make such defence against the motion or otherwise at the next term, as he may be advised.
Read the full summary
Claim against the The State heard at January Term, 1880, of The Supreme Court. The application of plaintiff for leave to constitute an action against the state was made at June term, 1879, and the court declining at that time to pass upon the question of leave or the merits, ordered a copy of the complaint to be furnished the governor to the end that he may make such defence against the motion or otherwise at the next term, as he may be advised. And at this term, the attorney general in behalf of the state moved to dismiss for want of jurisdiction.
1Opinion of the CourtAshe, J.
At June term, 1879, of this court, an action was instituted by the plaintiff against the state of North Carolina for a claim alleged to be due by the state to plaintiff, as set forth in his complaint then filed, as the law directs, in the office of the clerk of this court.
The complaint alleges substantially that the plaintiff is the owner and holder of a bond of the state, issued under and by virtue of an act of the general assembly of said state, ratified on the 3rd day of .February, 1869, and entitled “ an act to amend the charter of the Western railroad company that the bond is for one…
2Cases cited2 opinions
- Bledsoe v. . StateSupreme Court of North Carolina · 1870
- Sinclair, Owens Brown v. . State of N.C.Supreme Court of North Carolina · 1873
3Cited by2 opinions
- Miller v. State.Supreme Court of North Carolina · 1904
- Cohoon v. . StateSupreme Court of North Carolina · 1931