Pegram v. Commissioners of Cleaveland County
Supreme Court of North Carolina
This was the case of an application for the writ of mandamus tried before Logan, Judge, at the Spring Term, 1870, of the Superior Court of Mecklenburg County, decided against the plaintiff and taken to the Supreme Court by his appeal.
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This was the case of an application for the writ of mandamus tried before Logan, Judge, at the Spring Term, 1870, of the Superior Court of Mecklenburg County, decided against the plaintiff and taken to the Supreme Court by his appeal. At June Term, 1870, this Court decided that the writ should be issued as prayed for, (See 64 N. O. Rep. 557.) At an election held in Agust, 1870, an entirely different set ■of individuals were elected Commissioners of Cleaveland Oounty, and afterwards qualified as such according to law. At the Fall Term of the said Superior Court of Mecklenburg, before the same…
1Opinion of the CourtDick, J.
This case was before the Court at last Term, (61 N. C. 557,) and “ it was declared to be the opinion of this Court, that the writ of mandamms should be issued as prayed for.”
His Honor in the Court below, declined to order the writ to be issued, because the individuals who comprised the Board of Commissioners, had been changed, and they “ had not had a day in Court.”
The County of Cleaveland is a municipal corporation, and “its power can only be exercised by the Board of Commissioners,” &c. “All acts or proceedings by or against a Oounty in its corporate capacity, shall be in the name of the…
2Cases cited1 opinion
- State Ex Rel. McCubbins v. BarringerSupreme Court of North Carolina · 1868
3Cited by13 opinions
- Commissioners v. SellewSupreme Court of the United States · 1879
- Knights v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1920
- Wren v. City of IndianapolisIndiana Supreme Court · 1884
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
- Nance v. People ex rel. SheedySupreme Court of Colorado · 1898
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