Rollins v. . Rogers
Cases that cite this one
7 later published cases cite this decision.
- Harris v. . Board of Education (N.C. 1939)
- Whiteville City Administrative Unit v. Columbus County Board of County Commissioners (N.C. 1960)
- Board of Education v. Board of County Commissioners (N.C. 1954)
- Board of Managers of the James Walker Memorial Hospital v. City of Wilmington (N.C. 1952)
- White v. . Comrs. of Johnston (N.C. 1940)
- Mears v. . Board of Education (N.C. 1938)
- John v. . Allen (N.C. 1935)
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
Mandamus is available against a board of county commissioners only to compel tbe board to do something which it is its duty to do without it. The writ confers no new authority. The party seeking it must have a clear legal right to demand it, and the board must be under a legal obligation to perform the act sought to be enforced. Neither of these prerequisites has been shown in the instant case. Powers v. Asheville, 203 N. C., 2, 164 S. E., 324; Person v. Doughton, 186 N. C., 723, 120 S. E., 481. The writ was improvidently granted.
Reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.