Legal Opinion

Bell v. Commissioners of Johnston County

Supreme Court of North Carolina

Decided October 23, 1900PublishedCited by 11 opinions

Civil Action, by R. C. Bell against Commissioners of Johnston County and others, heard upon complaint and demurrer ore tenuSj by Judge W. S. O’B. Robinson, at Eall Term, 1900, of Johnston Superior Court. Erom judgment sustaining the demurrer, the plaintiff appealed.

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Civil Action, by R. C. Bell against Commissioners of Johnston County and others, heard upon complaint and demurrer ore tenuSj by Judge W. S. O’B. Robinson, at Eall Term, 1900, of Johnston Superior Court. Erom judgment sustaining the demurrer, the plaintiff appealed. Tbe plaintiff alleges: 1. That he is a citizen of Raleigh, Wake County, North Carolina. 2. That the said town of Selma was duly incorporated under the laws of the State of North Carolina of the years 1812 and 1873 and the acts amendatory thereof, having the various powers and duties under The Code of North Carolina, chapter 62, as…

1Opinion of the Court

MONTGOMERY and DOUGLAS, JJ., concur in the result, but not in the opinion. This was an action for tort. Upon demurrerore tenus it was properly dismissed, both as to the defendants, the county commissioners of Johnston, officially as representing the county, and as to them individually. In the latter aspect, the complaint sets out no allegations of fact which amount to a cause of action against them personally for neglect of duty, under Code, sec. 711, but the averments are against the county commissioners in their corporate capacity, i. e., against the county, for their failure to establish…

2Cases cited4 opinions

  1. White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
  2. Prichard v. Board of Commissioners of MorgantonSupreme Court of North Carolina · 1900
  3. Manuel v. Board of CommissionersSupreme Court of North Carolina · 1887
  4. Threadgill v. Board of CommissionersSupreme Court of North Carolina · 1888

3Cited by11 opinions

  1. Moody v. State Prison.Supreme Court of North Carolina · 1901
  2. O'berry, State Treasurer v. . Mecklenburg CountySupreme Court of North Carolina · 1930
  3. Martin v. . Comrs. of WakeSupreme Court of North Carolina · 1935
  4. Freeman v. . Comrs. of MadisonSupreme Court of North Carolina · 1940
  5. Freeman v. Board of County CommissionersSupreme Court of North Carolina · 1940

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