Board of Commissioners v. Blackburn
Supreme Court of North Carolina
Mandamus, tried before Cloud, J., at Chambers, 21st November, 1872. Tbe proceeding was by summons and complaint, and was to obtain a writ of mandamus, to compel John Blackburn, tbe defendant, as clerk of the Superior Court of Forsythe county, to deliver to tbe plaintiff tbe records of tbe late County Court of Forsythe county, concerning tbe subscription of said county to tbe capital stock of the North Western North Carolina Railroad Company.
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Mandamus, tried before Cloud, J., at Chambers, 21st November, 1872. Tbe proceeding was by summons and complaint, and was to obtain a writ of mandamus, to compel John Blackburn, tbe defendant, as clerk of the Superior Court of Forsythe county, to deliver to tbe plaintiff tbe records of tbe late County Court of Forsythe county, concerning tbe subscription of said county to tbe capital stock of the North Western North Carolina Railroad Company. An ordinance of the Convention of tbe State, passed 9th of March 1868, authorized tbe question to be submitted to tbe people of said county, whether they…
1Opinion of the CourtRodman, J.
The County Courts which existed prior to the Constitution of 1868, had a certain strictly judicial power. They were properly Courts. In addition to this they were invested with certain administrative powers over the municipal affairs of their counties, among others, with that of making contracts on their behalf, either first submitting the question to a vote of the people, or not, as the law might direct. By the Constitution these Courts were abolished; their judicial powers were given to the Superior Courts, and the administration of the municipal affairs of the counties to the boards of…
Also in this document: Per curiam.
2Cases cited2 opinions
- Foster v. . WoodfinSupreme Court of North Carolina · 1871
- Stanly v. . MassingillSupreme Court of North Carolina · 1869
3Cited by3 opinions
- Geer v. . GeerSupreme Court of North Carolina · 1891
- State v. WestCourt of Appeals of North Carolina · 1976
- State v. WestCourt of Appeals of North Carolina · 1976