Cromartie v. Commissioners of Bladen
Supreme Court of North Carolina
Roue-on defendants to show cause wliy they should -not be attached for contempt ki failing to obey a writ of mandamus, heard at Fall Term, 1882,-at Bladen Super-iorCourt, -before Gilmer, J. When this cause was hero on a former appeal at October term, 1881, it was open su-ch a defective finding of facts that the court were unable to dispose of the controversy upon-its (merits, and it was remanded.
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Roue-on defendants to show cause wliy they should -not be attached for contempt ki failing to obey a writ of mandamus, heard at Fall Term, 1882,-at Bladen Super-iorCourt, -before Gilmer, J. When this cause was hero on a former appeal at October term, 1881, it was open su-ch a defective finding of facts that the court were unable to dispose of the controversy upon-its (merits, and it was remanded. (See 85 N. C., 211. After its return to th-e superior court of Bladen, it was by order of the court, without objection, referred to G. F. Melvin, the •clerk, to hear such evidence as the parties may…
1Opinion of the Court
Smith, C. J.,
after stating the above. When the cause was before us on the former appeal, and the facts upon which the culpability imputed to the defendants depended were insufficiently developed for us to decide upon the contempt, we used this language in the opinion : “ It is manifest that where the public interests conflict with private interests, the latter must yield. If the entire fund which can be raised by taxation is required to meet the necessary expenses of an economical administration of the county government, and none can be diverted to pay its indebtedness without serious…
2Cases cited7 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- French v. . Commissioners of New HanoverSupreme Court of North Carolina · 1876
- Clifton v. . WynneSupreme Court of North Carolina · 1879
- Trull and Brown v. . the Bd. of Com. of Madison Co.Supreme Court of North Carolina · 1875
- Satterthwaite v. . Comm'r of Beaufort Cty.Supreme Court of North Carolina · 1877
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3Cited by18 opinions
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Southern Railway Co. v. Board of CommissionersSupreme Court of North Carolina · 1908
- Southern Railway Co. v. Cherokee CountySupreme Court of North Carolina · 1919
- Evans v. Commissioners of CumberlandSupreme Court of North Carolina · 1883
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