Commissioners of Greene County v. Holliday's Executors
Superior Court of North Carolina
npIIE Assembly laid a tax for two years, to be collected, each -®- tax they tar following that in which it was laid. Holliday was appointed sheriff in the first collection year, and received part of the taxes : he was appointed also for the second; but the time of payment of the lax had not arrived.
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npIIE Assembly laid a tax for two years, to be collected, each -®- tax they tar following that in which it was laid. Holliday was appointed sheriff in the first collection year, and received part of the taxes : he was appointed also for the second; but the time of payment of the lax had not arrived. Sheppard, who bad undertaken the erection of the public buildings, applied lor money, and the comnaissioncis drew on the sheriff, directing him to pay to Sheppard the taxes collected or to be collected.— Under this order, Holliday paid the taxes for both years. The commissioneis alledge that the…
1Opinion of the Court
1lull, Judge.
Whether the passage referred to, be correct or rot, I conceive the evidence offered cannot be received; for Holliday bad not any I-.iorle.N-.- oí the contract between the commissioners attd Sheppard, except what he derived from the inspection of the order. If the evidence be good to explain what the parties meant, as between themselves, it cannot be so sw to third persons, who have governed tnemselves by the words weed in the writing.
2Cited by2 opinions
- Gatlin v. . KilpatrickSupreme Court of North Carolina · 1814
- Clark v. . McMillanSupreme Court of North Carolina · 1815