Board of Commissioners of MacOn County v. Board of Commissioners of Jackson County
Supreme Court of North Carolina
Case Agreed, heard before Cannon, J., at Spring Term 1875, of Jackson County. The following are the facts: In 1872, one Bagless Henderson was indicted for murder in the County of Macon, and committed to the jail of said county. Upon the affidavit of the prisoner, the cause was removed to the County of Jackson, and the Sheriff of Macon County was ordered to deliver the prisoner into the custody of the Sheriff of said county.
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Case Agreed, heard before Cannon, J., at Spring Term 1875, of Jackson County. The following are the facts: In 1872, one Bagless Henderson was indicted for murder in the County of Macon, and committed to the jail of said county. Upon the affidavit of the prisoner, the cause was removed to the County of Jackson, and the Sheriff of Macon County was ordered to deliver the prisoner into the custody of the Sheriff of said county. From the time the prisoner was confined in the jail of Jackson County until the time of his execution, a strong guard was kept over the prisoner. Accounts of the expenses…
1Opinion of the CourtBynum, J.
A voluntary payment, with a knowledge of all the facts cannot be recovered back, although there was no debt. Pool v. Allen, 7 Iredell, 120; Adams v. Reeves, 68 N. C. Rep., 134. No reason can be suggested, and no authority is cited, to show why the same- rule which prevents one individual from recovering against another, does not likewise prevent one corporation from recovering against another. It is not alleged that all the facts out of which this action arose were not well known to the plaintiff corporation at the time the claims were paid to the defendant corporation. The payment was not…
2Cases cited2 opinions
- Adams v. . ReevesSupreme Court of North Carolina · 1873
- Commissioners of Catawba County v. SetzerSupreme Court of North Carolina · 1874
3Cited by15 opinions
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
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- Simms v. . VickSupreme Court of North Carolina · 1909
- Lyle v. . SilerSupreme Court of North Carolina · 1889
- Brummitt v. . McGuireSupreme Court of North Carolina · 1890
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