Horner v. Chamber of Commerce
Supreme Court of North Carolina
Appeal by plaintiff from Parker, J., March-April Term, 1952, of AlamaNce. Reversed. Petition in tbe cause by plaintiff, who prosecuted this action on behalf of tbe taxpayers of tbe City of Burlington and recovered for tbe City certain funds paid by it, without sanction of law, to tbe defendant Chamber of Commerce, beard below on motion of tbe plaintiff for an allowance, from tbe funds collected, to be used in defraying tbe fees of bis attorney.
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Appeal by plaintiff from Parker, J., March-April Term, 1952, of AlamaNce. Reversed. Petition in tbe cause by plaintiff, who prosecuted this action on behalf of tbe taxpayers of tbe City of Burlington and recovered for tbe City certain funds paid by it, without sanction of law, to tbe defendant Chamber of Commerce, beard below on motion of tbe plaintiff for an allowance, from tbe funds collected, to be used in defraying tbe fees of bis attorney. Tbe City of Burlington donated $2,000 of tax money to tbe defendant Chamber of Commerce. Tbe City refused to take steps to recover it. Thereupon tbe…
1Opinion of the CourtJohnson, J.
The question for decision is this : Can the plaintiff in a taxpayers’ action, who has recovered for the benefit of a municipality public moneys unlawfully disbursed and otherwise lost, be awarded from the amount recovered and restored to the municipality a reasonable sum to be used in paying the fees of his attorney, without a statute expressly so providing?
The question here presented seems to be one of first impression with us. We have no statute expressly authorizing the allowance of an award to a plaintiff in a taxpayers’ action, from the sum recovered, for the payment of attorney fees,…
2Cases cited22 opinions
- Tenney v. City of Miami BeachSupreme Court of Florida · 1942
- Fox v. LantripCourt of Appeals of Kentucky · 1916
- Pensioners Protective Ass'n v. DavisSupreme Court of Colorado · 1944
- Shillito v. City of SpartanburgSupreme Court of South Carolina · 1948
- Waddill v. . MastenSupreme Court of North Carolina · 1916
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3Cited by35 opinions
- Bailey v. StateSupreme Court of North Carolina · 1998
- Faulkenbury v. Teachers' & State Employees' Retirement SystemSupreme Court of North Carolina · 1997
- Hicks v. AlbertsonSupreme Court of North Carolina · 1973
- City of Charlotte v. McNeelySupreme Court of North Carolina · 1972
- Ehrenhaus v. BakerCourt of Appeals of North Carolina · 2011
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