Board of Education v. . Wall
Supreme Court of North Carolina
Civil actioN by the Board of Education of Stokes county against a sheriff of said county and the sureties on his official bond, heard before Bryan, J., at Spring Term, 1895, of Stokes Superior Court.
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Civil actioN by the Board of Education of Stokes county against a sheriff of said county and the sureties on his official bond, heard before Bryan, J., at Spring Term, 1895, of Stokes Superior Court. The case was referred to J. W. Neal who reported that there was a balance due from the taxes of 1891 and 1892 of $143.82, that no insolvents had been allowed for the year 1892, for the reason that the plaintiff’s request for .a list of insolvents for that year had not been complied with by the defendant. The same exceptions, affidavit and prayer were made in this case as in that of Commissioners…
1Opinion of the Court
Clark, J.:
All the points raised in this case have heen passed upon in Commissioners v. Wall at this term, except the objection that the plaintiffs cannot maintain the action without an allegation that the county commissioners have refused to bring an action to recover the amount due the plaintiffs. Section 28, of Chapter 199, Acts 1889, amends the provisions of Section 2563 of The Code by substituting the County Board of Education for the County Commissioners as the proper relators in an action like the present.
No Error.
2Cited by2 opinions
- State Ex Rel. Tillery v. CandlerSupreme Court of North Carolina · 1896
- State Ex Rel. Board of Commissioners v. SuttonSupreme Court of North Carolina · 1897