State Ex Rel. Tillery v. Candler
Supreme Court of North Carolina
Civil action, pending in Madison Superior Court, and heard on complaint and demurrer before lidbinson, Jat Chambers, on 3d October, 1895. The action was against the defendant Candler and the sureties on his official bond as collector of the school and other taxes of Madison County and was brought in the name of the plaintiff as Treasurer of said county.
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Civil action, pending in Madison Superior Court, and heard on complaint and demurrer before lidbinson, Jat Chambers, on 3d October, 1895. The action was against the defendant Candler and the sureties on his official bond as collector of the school and other taxes of Madison County and was brought in the name of the plaintiff as Treasurer of said county. One cause of demurrer was as follows : “ The complaint shows that the'suit was. brought for an alleged deficiency in paying over the school fund by the said C. B. Candler, Sheriff, and the suit should have been brought npuii therelation of the…
1Opinion of the Court
Clark, J.:
The amendment “ adding the name of a party ” was within the discretion of the court, and not appealable. Gocle, See. 273; Burrell v. Hughes, 116 N. C., 430; Warrenton v. Arrington, 101 N. C., 109; Maggett v. Roberts, 108 N. C., 174. The change in the relators was made requisite and pi-oper by Section 2, Ch. 439, Acts 1895, which abolished the County Board of Education and devolved its powers and duties upon the County Commissioners. The Board of Education v. Wall, 117 N. C., 382, was decided under the Act of 1889, (as stated in the opinion in that case,) Section 2 of the Act of…
2Cases cited5 opinions
- State Ex Rel. Maggett v. RobertsSupreme Court of North Carolina · 1891
- Burrell v. . HughesSupreme Court of North Carolina · 1895
- State Ex Rel. Commissioners of Warrenton v. ArringtonSupreme Court of North Carolina · 1888
- Parker v. Board of CommissionersSupreme Court of North Carolina · 1889
- Board of Education v. . WallSupreme Court of North Carolina · 1895
3Cited by5 opinions
- City of Wilmington v. Board of EducationSupreme Court of North Carolina · 1936
- Morgan v. . Turnage Co., Inc.Supreme Court of North Carolina · 1938
- State Ex Rel. Board of Commissioners v. SuttonSupreme Court of North Carolina · 1897
- Board of County Commissioners v. CandlerSupreme Court of North Carolina · 1898
- Commissioners of Montgomery Co. v. FrySupreme Court of North Carolina · 1900