Legal Opinion

Davis v. . Board of Comm'rs., Stokes Co. and Poindexter

Supreme Court of North Carolina

Decided January 5, 1875PublishedCited by 10 opinions

Civil ACTIONS, originally instituted in the Superior Court of Stokes count)’, and thence removed to the Superior Court of Fokstthe County, and tried by Wilson, J., at Fall Term, 1874. The two suits 1 and 2, involving the same points were agreed to be tried together by his Honor, without the intervention of a jury, who found the material facts to be. 1. That the county of Stokes, by her Justices, a majority being preseat, at June Term, 1861, authorized the borrowing from the…

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Civil ACTIONS, originally instituted in the Superior Court of Stokes count)’, and thence removed to the Superior Court of Fokstthe County, and tried by Wilson, J., at Fall Term, 1874. The two suits 1 and 2, involving the same points were agreed to be tried together by his Honor, without the intervention of a jury, who found the material facts to be. 1. That the county of Stokes, by her Justices, a majority being preseat, at June Term, 1861, authorized the borrowing from the Br. Bank of Cape Fear at Salem, $10,000, in fonr equal instalments of $2500 each, on the bonds of the county, to be…

1Opinion of the CourtReadb, J.

In Poindexter v. Davis, 67 N. C. Rep. 112, it was decided, that a bond given for money loaned to pay off a debt which had been contracted in aid of the rebellion was not affected by the illegality of the original debt. In that case the County Court of Stokes county had borrowed money of a bank to equip soldiers for the Confederate service. That was of course illegal. The County Court subsequently borrowed money of Poindexter to pay7 off the bank debt. And we held that the illegal consideration of the bank debt did not affect the consideration of the Poindexter debt. The County Court gave a…

2Cases cited1 opinion

  1. Poindexter v. . DavisSupreme Court of North Carolina · 1872

3Cited by10 opinions

  1. Town of Hillsborough v. SmithCourt of Appeals of North Carolina · 1970
  2. State v. Richmond & Danville RailroadSupreme Court of North Carolina · 1876
  3. Brickell v. Commissioners of HalifaxSupreme Court of North Carolina · 1879
  4. State v. . R. R.Supreme Court of North Carolina · 1876
  5. Zurn v. MitchellCourt of Appeals of Texas · 1917

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