Nichols v. Board of Councilmen
Supreme Court of North Carolina
Civil ActioN, originating in tbe Justice’s Court of ChowaN County, and carried by appeal to tbe Superior Court and beard before Bowman, J., at Spring Term, 1899, a jury trial being waived. . Tbe plaintiff was elected, in May, 1897, one of tbe Ooun-eilmen of Edenton for a term of two years, qualified and served, and claims $37.50 for bis services — it was conceded that be was entitled to that amount, if be was entitled to any pay at all, which tbe defendant denies.
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Civil ActioN, originating in tbe Justice’s Court of ChowaN County, and carried by appeal to tbe Superior Court and beard before Bowman, J., at Spring Term, 1899, a jury trial being waived. . Tbe plaintiff was elected, in May, 1897, one of tbe Ooun-eilmen of Edenton for a term of two years, qualified and served, and claims $37.50 for bis services — it was conceded that be was entitled to that amount, if be was entitled to any pay at all, which tbe defendant denies. Upon tbe facts found by his Honor, judgment was rendered for the plaintiff, and tbe defendant appealed. Tbe facts found are stated…
1Opinion of the Court
Eaieoloth,, C. J.
Action for $37.50, the salary of plaintiff as one of the Board of Oouncilmen of defendant. This amount is conceded, if plaintiff is entitled to recover. The facts .found are as follows:
By a Private Act 1869-’70, chap. 123, the defendant town was regulated and governed by a Board of Commissioners, and by sec. 37, “Each one of the Commissioners of the town of Edenton shall receive $25 per annum, and they shall be required to fix the salaries of the other town officers not otherwise provided for in this act.” This charter was amended by Act 1876-’77, chap. 88, and provided that…
2Cited by3 opinions
- Rice v. RigsbySupreme Court of North Carolina · 1963
- Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1946
- State v. . MoonSupreme Court of North Carolina · 1919