Raleigh Savings Bank v. Lacy
Supreme Court of North Carolina
ActioN beard upon demurrer to tbe complaint by bis Honor, W. B. Allen, Judge, at July Term, 1909, of tbe Superior Court of Wake County. His Honor sustained tbe demurrer, and from tbe judgment rendered plaintiffs appealed.
1Opinion of the CourtBrown, J.
Tbe facts admitted by tbe demurrer are as follows: Tbe General Assembly of 1909 authorized an issue of $500,000 of State bonds (chapter 510, page 872, Laws 1909) for purposes connected with tbe maintenance, enlargement and improvement of tbe State hospitals. Tbe bonds were bid off by plaintiff, who deposited $125,000 with the, defendant Lacy as security that plaintiff would take and pay for tbe.bonds in case they were adjudged to be valid by this Court. Under such circumstances we do not conceive this to be in any sense a suit against tbe State, but a proceeding instituted solely to test tbe…
2Cases cited3 opinions
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Brown v. Stewart.Supreme Court of North Carolina · 1904
- Commissioners v. Stafford.Supreme Court of North Carolina · 1905
3Cited by4 opinions
- Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
- State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
- Gregg v. Board of CommissionersSupreme Court of North Carolina · 1913
- Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927