Thomas Ex Rel. Washington v. Commissioners of Carteret County
Supreme Court of North Carolina
This was an appeal from the judgment of His Honor Judge Clarke, rendered at Spring Term 1871, "of Carteret Superior Court.
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This was an appeal from the judgment of His Honor Judge Clarke, rendered at Spring Term 1871, "of Carteret Superior Court. The plaintiff filed a petition for mandamus under the old system against the Justices of Carteret county; pending that suit, the present Constitution went into effect, and thereafter on motion of the plaintiff, the individuals composing the .Board of Commissioners of said county were substituted as defendants in the stead of the Justices, and filed their answer to which the plaintiff replied. On motion thereafter, His Honor Judge Clarke quashed the proceeding, and the…
1Opinion of the CourtDioK, J.
Proceedings to obtain a writ of mandamus against the Justices of a county, cannot be revived against the Board of Commissioners. Carson v. Commissioners of Cleaeland, 64 N. C. 566.
His Honor in the Court below had no power to order the Board of Commissioners to be substituted as parties defendant in the place of the Justices of the county.; and the answer does not waive this defect caused by an excess of judicial authority. The answer was not 'voluntary, as under the order of the Court the defendants were obliged to answer or be in contempt, and in their answer they insist that the proceedings…
2Cases cited1 opinion
- Carson v. Commissioners of Cleaveland CountySupreme Court of North Carolina · 1870
3Cited by3 opinions
- Taylor v. MandelCourt of Appeals of Maryland · 2007
- Jenkins Bros. Shoe Co. v. TravisSupreme Court of North Carolina · 1915
- Taylor v. MandelCourt of Appeals of Maryland · 2007