Opinion · Nclaw North Carolina

GAS CO. v. RALEIGH, 75 N.C. 274 (1876)

RALEIGH GAS LIGHT CO. v. CITY OF RALEIGH., 75 N.C. 274 (N.C. 1876)

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1876-01-01
Topic: general

GAS CO. v. RALEIGH, 75 N.C. 274 (1876) THE RALEIGH GAS LIGHT CO. v. THE CITY OF RALEIGH.Supreme Court of North Carolina June Term, 1876. Municipal Corporation — Mandamus. The proper judgment in an action against a city or town, upon a recovery for necessary expenses, is an alternative, and not a peremptory, mandamus.

Citator

UpLaw has not yet analyzed GAS CO. v. RALEIGH, 75 N.C. 274 (1876). The absence of a flag is not a finding that it is good law.

GAS CO.v. RALEIGH,75 N.C. 274(1876)

THE RALEIGH GAS LIGHT CO. v. THE CITY OF RALEIGH.

Supreme Court of North Carolina

June Term, 1876.

Municipal Corporation — Mandamus.

The proper judgment in an action against a city or town, upon a recovery for necessary expenses, is analternative, and not aperemptory,mandamus.

(The other points decided are the same as those inTucker v. Raleigh,ante, 267.)

APPEAL fromWatts, J., at January Term, 1876, of WAKE.

The same points were involved inTucker v. Raleigh, ante, 267.

There was judgment in favor of the plaintiff according to the prayer of the complaint, and the defendant appealed.

Busbee Busbee for appellant.Haywood, Fowle and Snow, contra.

READE, J.

The only point in this case is covered byTucker v. Raleigh, at this term. It is there decided that the Funding Act of February, 1875, did not require the sanction of the popular vote.

We think, however, that the judgment ought to have been analternativemandamus, as the city may show cause, as that it prefers to pay the debt rather than fund, etc.

PER CURIAM. Judgment accordingly.Cited: Mayo v. Comrs.,122 N.C. 22;Wadsworth v. Concord,133 N.C. 593;Water Co. v. Trustees,151 N.C. 175.Page 207

(275)