Commissioners v. Kenan, 127 N.C. 181 (1900)

Nov. 20, 1900 · Supreme Court of North Carolina

127 N.C. 181

COMMISSIONERS v. KENAN.

(November 20, 1900.)

[For syllabus, see preceding case of Williamson v. Jones.']

Fairclotii, C. J., dissenting.

Civil Actiou by the Board of Commissioners for the county of Duplin, trustees of the Dickson Charity Eund, and the State of North Carolina, on the relation of the Board of Commissioners of the county of Duplin and of the County Board of Education of Duplin County, against James G. Kenan, D. E. Chambers, Bland Wallace, A. E. Williams, L. M. Cooper, D. G. Morrisey, Thomas S. Kenan, W. L. Hill, and Stephen Graham, heard by Judge Frederick Moore, at Eall Term, 1900, of DupliN Superior Court.

Erom judgment for plaintiffs, defendants appealed.

Stevens, Beasly & Weeks, for plaintiffs.

A. D. Ward, for defendants.

Pee CueiaM.

This case is governed by the decision in Williamson v. Jones, at this term, and cases there cited. The account approved by the County Commissioners can not be attacked, except for errors specially assigned or fraud set up in the answer. Laws 1899, chap. 15, sec. 111. The agreement in this case that the pleadings might be amended has no bearing, for the amended answer does, not comply with the statute.

It is unnecessary to consider the other assignments of error, for, when the case goes down, it is in the power of the Judge to permit amendments, and the contentions of the parties may be thereby materially changed.

New trial.

FatRolotii, C. J., dissents.