Moody v. Transylvania County

Two questions arise upon this appeal. Is ambulance service a necessary expense for which the County Commissioners may legally contract? If such contract is ultra vires, must it be pleaded by the defendant, or is it proper ground for demurrer? The appellant’s position cannot be sustained on either question.

In Madry v. Scotland Neck, 214 N.C. 461, 199 S.E. 618, Barn-hill, J. (later C.J.) made this concise statement:

“A municipality is a creature of the Legislature and it can only exercise (1) the powers granted in express terms; (2) those necessarily or fairly implied in or incident to the…