Opinion

Mitchell v. . Commissioners of Craven

  • 74 N.C. 487
Court
Supreme Court of North Carolina
Filed
Jan 5, 1876
Status
Published
Author
Eeadb
On the bench
Eeadb
Cited by
0 cases
Authority
More cited than 42.3%

The opinion

Eeadb J.

The defendant levied a tax in township No. 8, and the plaintiffs seek to enjoin the collection : first, because they say the debts to bo paid are mostly fraudulent, and secondly, because they say the debts have never been audited by the defendants as the law requires. They say that no taxes have been levied in the township for several years, and that now false claims are presented and allowed; and that the defendants, instead of passing upon each claim separately according to its merits, allowed the claims in a “ batch,” and ordered them to be paid. They do not specify, however, a single claim which they allege to be fraudulent.

*490

The answer meets every charge fully, with a denial. No taxes have been collected for the township for several years and the

“

necessary expenses ” remained unpaid, and certificates had issued from time to time to those entitled. And now they have all been presented amounting to about $1,900.00. For some reason, the defendants abated the whole amount of the claims to $900, and ordered them to be paid to that amount

pro rata.

The creditors may have had some right to complain at this disposition of their claims

;

but certainly the tax payers had not. The defendants say, that they did fully consider and audit all the claims presented, and found them to be due for necessary expenses, which distinguishes this case from

Weinstein

v.

Commissioners of

Newbern, 71 N. C. Rep. 35 .

To allow the necessary expenses of a township or county to accumulate for years instead of laying taxes yearly to pay the same, is unquestionably bad

policy;

but it is not a policy which this court can control.

The plaintiffs make complaint as to the formalities of auditing the accounts by the defendants, but there is nothing affecting the merits. The items of the account — list of the claims — accompany the answer, and no one of them is specifically assailed by the plaintiff.

The enjoining the collection of whole tax lists, thereby stopping the wheels of government, ought only to be allowed in plain and extreme cases.

There is no error. Let this be certified.

Per Curiam. Judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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