Pegram v. Commissioners of Cleaveland County
Cases that cite this one
11 later published cases cite this decision.
- State ex rel. Lashly v. Wurdeman (Mo. Ct. App. 1914)
- Nance v. People ex rel. Sheedy (Colo. 1898)
- State ex rel. Bauman v. Judge of Civil District Court (La. 1886)
- State ex rel. School Board v. Guthrie (Neb. 1885)
- Wren v. City of Indianapolis (Ind. 1884)
- State ex rel. Mississippi & Mexican Gulf Ship Canal Co. v. City of New Orleans (La. 1883)
- State ex rel. Sloan v. Warner (Wis. 1882)
- State ex rel. Sloan v. Warner (Wis. 1882)
- State ex rel. Sloan v. Warner (Wis. 1882)
- Commissioners v. Sellew (Supreme Court of the United States 1879)
- Benjamin Askew v. . James M. Pollack (N.C. 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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 Board of Commissioners. (Acts 1868, ch. 20.) As all the corporate functions of a county are thus to be exercised, the Board of Commissioners must necessarily have a perpetual existence, continued by members who succeed each other, and the body remains the same notwithstanding a change in the individuals who compose it.
The County is a public corporation, and has certain public duties to perform, and according to the provision of the statute above referred to, the writ of mandamus must be directed to the Board of Commissioners, who exercise the corporate powers, (Tapping on Man. 317,) and the individuals *116 who compose the Board at the time of service, must obey the writ.
There was error. Let this be certified.
Pee, Oueiam. Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.