Commissioners of Orange County v. Bain
Supreme Court of North Carolina
Appeal from judgment and order dissolving injunction .and denying mandamus, rendered by Daniels, J., at chambers, in Durham, 15 December, 1916. This is an action to compel tbe defendant, former sheriff of Orange County, to turn over the tax lists of 1916 to Charles G. Rosemond, who was elected sheriff of said county in November, 1916. The defendant R. D. Bain had served two terms as sheriff of Orange County, and was entering upon his third term when the General Assembly, on…
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Appeal from judgment and order dissolving injunction .and denying mandamus, rendered by Daniels, J., at chambers, in Durham, 15 December, 1916. This is an action to compel tbe defendant, former sheriff of Orange County, to turn over the tax lists of 1916 to Charles G. Rosemond, who was elected sheriff of said county in November, 1916. The defendant R. D. Bain had served two terms as sheriff of Orange County, and was entering upon his third term when the General Assembly, on 29 January, 1915, enacted a law entitled “An act to fix salaries for public officers in Orange County,” but the…
1DissentCiARK, C. J.
Custom cannot avail against an act of tbe Legislature repealing it. Tbe arm of tbe lawmaking body of tbe State is not so shortened that it cannot repeal a custom as well as a former statute.
*384Chapter 46, Public Local Laws 1915, changed the compensation of all the county officers of Orange to the salary basis. It is entitled “An act to fix salaries for public officers in Orange County.” It provides (section 1) that the sheriff of that county may appoint a deputy in each township who shall receive the fees for serving summons and other process and commissions on executions except the deputy for…
2Cases cited3 opinions
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- Mills v. . DeatonSupreme Court of North Carolina · 1915