Winslow v. Comm'rs of Perquimans County
Supreme Court of North Carolina
Action for money, tried by Pool, J., at Eall Term 1861 of Perquimans Court. The plaintiff, under a contract with the county, hacL built a float bridge, which had been accepted; his claim had also been audited, an order upon the Treasurer given therefor, ■and partial payments thereon made. About $2400 remained unpaid, and for this he brought the form of action usual in money demands, the judgment demanded being “for the sum ■of $2,433 58, with interest from” &c.
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Action for money, tried by Pool, J., at Eall Term 1861 of Perquimans Court. The plaintiff, under a contract with the county, hacL built a float bridge, which had been accepted; his claim had also been audited, an order upon the Treasurer given therefor, ■and partial payments thereon made. About $2400 remained unpaid, and for this he brought the form of action usual in money demands, the judgment demanded being “for the sum ■of $2,433 58, with interest from” &c. The defendants demurred to the complaint, upon the .ground that mandamus is the only form of action proper .against counties, &c. His…
1Opinion of the CourtRodmaN, J.
The defendants are the Board of Commissioners for Perquimans County. The case states that, undera contract with the former County Court, the plaintiff built a certain bridge for which the County was indebted to him: that the defendant admitted the debt, and through their County Treasurer paid a part of it. The action is brought to recover the residue. The defendants demurred, and the only question is, whether a Board of Commissioners for County can be sued otherwise "than in an action of mandamus.
In my opinion', in a case where a good cause of action exists, a municipal corporation may be…
2Cases cited1 opinion
- Brown, Adm'r v. . the Commissioners of WashingtonSupreme Court of North Carolina · 1869