Reed v. Farmer

2 Citing cases

  1. White v. Comrs. of Johnston

    7 S.E.2d 825 (N.C. 1940)   Cited 28 times

    The party seeking the writ must have a clear legal right to demand it, and the party to be coerced must be under a legal obligation to perform the act sought to be enforced." Person v. Doughton, 186 N.C. 723, 120 S.E. 481; Martin v. Clark, 135 N.C. 178, 47 S.E. 397; Wilkinson v. Board of Education, 199 N.C. 669, 153 S.E. 163; Powers v. Asheville, 203 N.C. 2, 164 S.E. 324; Rollins v. Rogers, 204 N.C. 308, 168 S.E. 206; John v. Allen, 207 N.C. 520, 177 S.E. 634; School District v. Alamance County, 211 N.C. 213, 189 S.E. 873; Reed v. Farmer, 211 N.C. 249, 189 S.E. 882; Mears v. Board of Education, 214 N.C. 89, 197 S.E. 752. Admitting the facts alleged in the present action, which we must do in testing the sufficiency of the complaint challenged by demurrer, Ins. Co. v. McCraw, 215 N.C. 105, 1 S.E.2d 369, and numerous other cases, (1) Are the defendants as county commissioners of Johnston County under a legal duty to perform the act sought to be enforced? (2) If so, does the plaintiff have a clear right to demand it? Both questions must be answered in the affirmative.

  2. McAlister v. Yancey County

    193 S.E. 141 (N.C. 1937)   Cited 4 times

    If, as alleged in the complaint, the board of commissioners of Yancey County has arbitrarily refused to consider the claim of the plaintiff, and to hear proof of such claim, and determine whether or not such proof was satisfactory to said board, as it was its statutory duty to do, then and in that event the plaintiff can maintain an action against said board of commissioners for a writ of mandamus compelling the said board of commissioners to consider his claim, and determine whether or not his proof of said claim is satisfactory to the said board. See Reed v. Farmer, 211 N.C. 249, and Barnes v. Commissioners, 135 N.C. 27, 47 S.E. 737. There was error in the order overruling the demurrer in this case.