Allen v. Commissioners of Muddy Creek Drainage District
Supreme Court of North Carolina
Appeal by defendants from Stacy, J., at January Term, 1918, of ' DupliN. Tbis was an action by tbe plaintiffs, drainage engineers, wbo performed services and incurred necessary expenses for tbe defendant corporation both before and after its organization. These services were necessary to tbe establishment of said district before tbe prayer of tbe landowners could be granted by tbe court creating tbe district.
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Appeal by defendants from Stacy, J., at January Term, 1918, of ' DupliN. Tbis was an action by tbe plaintiffs, drainage engineers, wbo performed services and incurred necessary expenses for tbe defendant corporation both before and after its organization. These services were necessary to tbe establishment of said district before tbe prayer of tbe landowners could be granted by tbe court creating tbe district. Tbe plaintiffs have obtained judgment for. tbe sums due them, but tbe corporation commissioners and tbe owners of tbe land in said district have failed and refused to pay such judgment.…
1Opinion of the CourtClark, C. J.
The court properly directed a mandamus to issue to the drainage commissioners to levy an assessment upon the lands in said district to pay off the judgment due the plaintiffs. The judgment having been rendered against the commissioners of said drainage district, it is not an open question that it is an obligation of said district and the proper method is to compel the levy of an assessment to pay off the judgment.
Had these expenses been incurred for the formation of a district, whose organization was not completed, it may be that the plaintiffs would have been restricted to the petitioners at…
2Cases cited1 opinion
- Jones v. Commissioners of RowanSupreme Court of North Carolina · 1881
3Cited by1 opinion
- Casualty Co. v. . Comrs. of SaludaSupreme Court of North Carolina · 1938