Fry v. Commissioners of Montgomery County
Supreme Court of North Carolina
Motiok for an Alias Mandamus heard at Fall Terra, 1879,. of Montgomeky Superior Court, before Buxton, J. After due notice given by the plaintiff of a motion to-renew an order for a writ of mandamus to be issued to defendant commissioners, His Honor made the following order: It appearing from an inspection of the record in, this case that plaintiff recovered judgment against defendants at fall term, 1875, for four hundred and fifteen dollars- and ninety-seven cents, and…
Read the full summary
Motiok for an Alias Mandamus heard at Fall Terra, 1879,. of Montgomeky Superior Court, before Buxton, J. After due notice given by the plaintiff of a motion to-renew an order for a writ of mandamus to be issued to defendant commissioners, His Honor made the following order: It appearing from an inspection of the record in, this case that plaintiff recovered judgment against defendants at fall term, 1875, for four hundred and fifteen dollars- and ninety-seven cents, and obtained a writ of mandamus at spring term 1876, commanding defendants to levy and cause-to be collected according to law a…
1Opinion of the CourtDillard, J.
It is settled by the decisions of this court; that a party maj' sue to recover a debt due from a county, and in the same action may demand a mandamus for its payment. McLendon v. Com’rs of Anson, 71 N. C., 38; Lutterloh v. Com’rs of Cumberland, 65 N. C., 403. The mandamus issued on the establishment of a debt by judgment is usually an alternative mandamus and on insufficient cause shown for non-compliance therewith the course is to issue a peremptory mandamus. Tucker v. City of Raleigh, 75 N. C., 272.
In this case the plaintiff proceeded in accordance with •the law as-established in this…
2Cases cited3 opinions
- Lutterloh v. Board of CommissionersSupreme Court of North Carolina · 1871
- McLendon v. Commissioners of Anson CountySupreme Court of North Carolina · 1874
- Tucker v. City of RaleighSupreme Court of North Carolina · 1876
3Cited by4 opinions
- Richmond v. KettelleSupreme Court of Rhode Island · 1919
- Leach v. . Commissioners of FayettevilleSupreme Court of North Carolina · 1881
- Board of Education v. Board of CommissionersSupreme Court of North Carolina · 1892
- White v. . AuditorSupreme Court of North Carolina · 1900