Tyrrell County v. . Holloway
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at the April Term, 1921, of TYRRELL. The action is in the nature of mandamus to compel the defendant, S. J". Holloway, to turn over to two banks, the lawfully designated depositaries made parties of record, the public funds of the county, which plaintiffs aver and offered proof to show had come into the hands of said defendant while treasurer of said county, and which he wrongfully refuses to deliver.
Read the full summary
Appeal by defendant from Allen, J., at the April Term, 1921, of TYRRELL. The action is in the nature of mandamus to compel the defendant, S. J". Holloway, to turn over to two banks, the lawfully designated depositaries made parties of record, the public funds of the county, which plaintiffs aver and offered proof to show had come into the hands of said defendant while treasurer of said county, and which he wrongfully refuses to deliver. Plaintiffs further allege, and offered evidence tending to show, that said office of treasurer had been lawfully abolished by resolution of the commissioners,…
1Opinion of the CourtHoke, J.
In section 1389, C. S., ch. 26, it is provided that the board of county commissioners of Tyrrell and certain other counties therein specified may abolish the office of county treasurer by resolution to that effect, passed at least sixty days before a primary or convention held for the purpose of nominating candidates for said office, and when so abolished the board of commissioners may appoint one or more solvent banks or trust companies to perform the duties of treasurer, or sheriff acting as ex officio treasurer of the county, such designated depositaries not being allowed to charge or…
2Cases cited9 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Board of Trustees v. WebbSupreme Court of North Carolina · 1911
- Harriss v. WrightSupreme Court of North Carolina · 1897
- State v. . AustinSupreme Court of North Carolina · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
- Grantham v. . NunnSupreme Court of North Carolina · 1924
- Efird v. . Comrs. of ForsythSupreme Court of North Carolina · 1941
- Ellis v. . GreeneSupreme Court of North Carolina · 1926
- Weaver v. . HamptonSupreme Court of North Carolina · 1931
7 more not listed; retrieve them via the Exa API.