# Commissioners v. . Commissioners

> Supreme Court of North Carolina · January 5, 1874 · 70 N.C. 656

URL: https://www.frixlaw.com/law-library/cases/3669075

## Case

- **Full name:** Board of Commissioners of Henderson County v. Board of Commissioners of Rutherford County.
- **Court:** Supreme Court of North Carolina
- **Decided:** January 5, 1874
- **Citations:** 70 N.C. 656
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** READE, J.
- **Cited by:** 0 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/3669075

## Opinion text

The plaintiff, alleging that the Commissioners of Rutherford (657) county owe the Commissioners of Henderson $2,371.66, apply for a mandamus to compel its payment.
Defendants demur for want of jurisdiction. His Honor sustaining the demurrer, dismissed the complaint, whereupon plaintiffs appealed.
The question in this case is the same as in Steele v. Commissioners , ante 137, at this term, and the decision is the same, and for the same reason. The Board of Commissioners of a county must be sued in the county of which they are Commissioners.
There is no error.
PER CURIAM. Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3669075. Public record. Not legal advice.