Clements v. . State
Supreme Court of North Carolina
Statute — Repeal of — Claim Against the State. Claim against The State heard at January Term, 1877, ■of the Supreme Court, under Art. IY, § 9 of the Constitution.
Read the full summary
Statute — Repeal of — Claim Against the State. Claim against The State heard at January Term, 1877, ■of the Supreme Court, under Art. IY, § 9 of the Constitution. The plaintiff and the defendant entered into the following •contract upon which this action is founded: ‘ This agreement between the Commissioners appointed by the General Assembly, &c., under the Act to provide frr the erection of .a Penitentiary, passed April 12th, 1869, acting in behalf of the State, and Michael Clements, witnesseth, that said Clem■ents in consideration of the several sums to be paid by the State at the times and…
1Opinion of the CourtReade, J.
In Bledsoe v. The State, 64 N. C. 392, we declared what we understood to be the practice in cases of this kind — to ascertain the facts by reference to our Clerk or to have issues for a jury. And when sufficiently informed of the facts we would declare the law.
We are of opinion that the repeal of the statute under wdiich the contract with the plaintiff is alleged to have been made, in no way affects the plaintiffs rights. And that it was not contemplated by the alleged contract that the plaintiff was to do the work here instead of at his works in Ohio ; or that convicts were to be sent to…
2Cases cited1 opinion
- Bledsoe v. . StateSupreme Court of North Carolina · 1870
3Cited by4 opinions
- Calkins Dredging Co. v. StateSupreme Court of North Carolina · 1926
- State Board of Agriculture v. White Oak Buckle Drainage DistrictSupreme Court of North Carolina · 1919
- Clements v. . the StateSupreme Court of North Carolina · 1877
- American Dock & Improvement Co. v. Trustees for Support of Public SchoolsNew Jersey Court of Chancery · 1880