# Board of Commissioners v. Sidney Spitzer & Co.

> Supreme Court of North Carolina · March 14, 1917 · 173 N.C. 147

URL: https://www.frixlaw.com/law-library/cases/3656574

## Case

- **Full name:** The Board of Commissioners of Caldwell County v. Sidney Spitzer & Co.
- **Court:** Supreme Court of North Carolina
- **Decided:** March 14, 1917
- **Citations:** 173 N.C. 147; 91 S.E. 707; 1917 N.C. LEXIS 262
- **Precedential status:** Published
- **Opinion:** Opinion of the court by AxleN
- **Judges:** AxleN
- **Cited by:** 5 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/3656574

## Opinion text

AxleN, J.
It is declared in Article XI, section 7, of the Constitu-
tion that “Beneficient provision for the poor, the unfortunate, and orphan” is “one of the first duties of a civilized .and Christian State,” and in accordance with this spirit, which pervades the Constitution, it was held in
Jones v Comrs.,
137 N. C., 579 , and affirmed in
Keith v. Lockhart,
171 N. C., 451 , that the “support of the aged and infirm,” which is the designation given by statute to the poor of the county (Revisal, sec. 1327;
Copple v. Comrs.,
138 N. C., 132 ), is a necessary expense.
The word “support” has a variety of meanings and does not necessarily include the building of a home; but when considered in connection with the class to be benefited, many of whom are without a place of residence, and the policy of the State to maintain the poor at some permanent and established place, support includes shelter, a place to live, and this makes it necessary to build a county home, without which the duty enjoined upon the commissioners could not be performed.
It follows that the bonds in controversy are valid and that the defendant must accept and pay for them.
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3656574. Public record. Not legal advice.