Abernathy v. . Phifer
Supreme Court of North Carolina
Controversy submitted without action- at Fall Term, 1880, of LINCOLN Superior Court, before Seymour, J. The plaintiffs claim that the county of Lincoln isindebted) to them as follows: To Seth Abernathy and wife, Elizabeth, in the sum of $116.06, to James Keeser and wife, Mary, in the sum of $216.06, to Henry Harris and wife in the sum of $216.06, and that the said several sums bear interest from the 24th of November, 1863. The defendant commissioners resist these claims and…
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Controversy submitted without action- at Fall Term, 1880, of LINCOLN Superior Court, before Seymour, J. The plaintiffs claim that the county of Lincoln isindebted) to them as follows: To Seth Abernathy and wife, Elizabeth, in the sum of $116.06, to James Keeser and wife, Mary, in the sum of $216.06, to Henry Harris and wife in the sum of $216.06, and that the said several sums bear interest from the 24th of November, 1863. The defendant commissioners resist these claims and say that the county is liable only for the scale value of the money at the date of its receipt by the county treasurer…
1Opinion of the Court
Ashe. J.
We do not see how the court below could have decided otherwise than it has, upon the facts in the case agreed. The plaintiffs seemed to have entertained the notion that the orders made by the board of county commissioners in their meetings held on the 4th of June, 1878, the 1st Monday in August, 1878, and the 7th of October,. 1878, were adjudications upon the rights of the parties, and the orders of January, 1879, annulling these orders were ultra vires and void.
In this position we do not concur. The allowance of a claim by a county board of commissioners is not final and conclusive.…
2Cases cited1 opinion
- Commissioners of Leavenworth County v. KellerSupreme Court of Kansas · 1870
3Cited by7 opinions
- Board of Commissioners of Huntington Co. v. HeastonIndiana Supreme Court · 1896
- State v. . WilkersonSupreme Court of North Carolina · 1887
- Board of Supervisors v. Catlett's Ex'orsSupreme Court of Virginia · 1889
- State Ex Rel. Robertson Inv. Co. v. PattersonWyoming Supreme Court · 1934
- State Ex Rel. Haley v. DilworthMontana Supreme Court · 1926
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