Copple v. Commissioners.
Supreme Court of North Carolina
ActioN by T. M. Cop'ple against the Board of Commissioners of Davie County, heard by Judge Charles M. Coohe and a jury at the Fall Term, 1904, of the Superior Court of Davie County, on appeal from a Justice of the Peace.
Read the full summary
ActioN by T. M. Cop'ple against the Board of Commissioners of Davie County, heard by Judge Charles M. Coohe and a jury at the Fall Term, 1904, of the Superior Court of Davie County, on appeal from a Justice of the Peace. The facts are as follows: Plaintiff having presented his account to the Board of Commissioners, the defendants, for services rendered aU insolvent small-pox patient, and for other items, and payment having been refused, instituted this action before a justice of the peace, on 20th. of March 1901, to recover $83.87, the amount demanded. On the trial before the justice the…
1Opinion of the Court
Hoke, J.,
after stating the facts. So far as municipal obligation is concerned it is accepted doctrine that the care and support of the indigent and infirm is a matter of statutory provision. In Smith v. Coleraine, 9 Metcalf, 492, it is said by Chief Justice Shaw, “It has been too often decided to be now questioned that the liability of towns to support poor persons is founded upon and limited by statute and is not to be enlarged or modified by any supposed moral obligation.” Where a statute imposes such duty on a county in general terms, leaving the method and extent of relief to the judgment…
2Cases cited3 opinions
- Planters' & Farmers' National Bank of Batimore v. First National Bank of WiilmingtonSupreme Court of North Carolina · 1876
- Way v. FoxSupreme Court of Iowa · 1899
- O'Keefe v. City of NorthamptonMassachusetts Supreme Judicial Court · 1887
3Cited by7 opinions
- State v. Wells.Supreme Court of North Carolina · 1906
- Fountain v. County of PittSupreme Court of North Carolina · 1916
- Cerro Gordo County v. Boone CountySupreme Court of Iowa · 1911
- Fenner v. . TuckerSupreme Court of North Carolina · 1938
- Blue Ridge Interurban Railroad v. OatesSupreme Court of North Carolina · 1913
2 more not listed; retrieve them via the Exa API.