Brickell v. Commissioners of Halifax
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1879, of Halifax Superior Court, before Eure, J. The facts agreed on are that at May term, 1862, of the court of pleas and quarter sessions of Halifax county, a majority of the justices of the peace being present, R. B. Pierce chairman of the court was appointed commissioner to borrow money upon the credit of the county to buy salt for distribution among the people of the county, and was authorized to execute a bond to secure payment of the…
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Civil ActioN tried at Spring Term, 1879, of Halifax Superior Court, before Eure, J. The facts agreed on are that at May term, 1862, of the court of pleas and quarter sessions of Halifax county, a majority of the justices of the peace being present, R. B. Pierce chairman of the court was appointed commissioner to borrow money upon the credit of the county to buy salt for distribution among the people of the county, and was authorized to execute a bond to secure payment of the same. Accordingly on the 23rd of June, 1862, he borrowed three thousand dollars of the plaintiff’s intestate (William…
1Opinion of the Court
Sjíith, C. J.
The facts of this case are not distinguishable in principle from those before the court in Leak v. Com’rs of Richmond, 64 N. C., 132, and it is conceded that if that decision is adhered to, the present action cannot be maintained. In that case after full argument and careful consideration it was declared by a unanimous court that the bond the payment of which was sought to be enforced was illegal and void. In delivering the opinion the Chief Justice says: "At the time of the legislative act giving power to the justice's to make the contract, and at the date of the contract, the…
2Cases cited8 opinions
- Dinwiddie County v. Stuart, Buchanan & Co.Supreme Court of Virginia · 1877
- Weith v. City of WilmingtonSupreme Court of North Carolina · 1873
- Davis v. . Board of Comm'rs., Stokes Co. and PoindexterSupreme Court of North Carolina · 1875
- Leak v. Commissioners of Richmond CountySupreme Court of North Carolina · 1870
- Lance v. . HunterSupreme Court of North Carolina · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Commercial Bank v. BurgwynSupreme Court of North Carolina · 1892
- Mercer v. PowellSupreme Court of North Carolina · 1940
- Mercer v. . PowellSupreme Court of North Carolina · 1940
- Logan v. . PlummerSupreme Court of North Carolina · 1874
1 more not listed; retrieve them via the Exa API.