# John v. . Allen

> Supreme Court of North Carolina · January 1, 1935 · 207 N.C. 520

URL: https://www.frixlaw.com/law-library/cases/3643142

## Case

- **Full name:** MARGARET JOHN v. H. R. ALLEN Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** January 1, 1935
- **Citations:** 207 N.C. 520; 177 S.E. 634; 1935 N.C. LEXIS 194
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Staoy
- **Judges:** Staoy
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3643142

## Opinion text

*521
Staoy, 0. J.
Tbe statutes under which the plaintiff seeks to compel the issuance of a voucher and the levy of a tax, chs. 88 and 361, Public-Local Laws 1933, deal only with county vouchers and county obligations. The application for writs of
mandamus
was, therefore, properly denied.
Rollins v. Rogers,
204 N. C., 308 , 168 S. E., 206 ;
Comrs. v. Lacy,
174 N. C., 141 , 93 S. E., 482 .
Mandamus
is available against a board of county commissioners only to compel the 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 appears in the instant case.
Powers v. Asheville,
203 N. C., 2 , 164 S. E., 324 .
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3643142. Public record. Not legal advice.