Boyle v. City of Newbern, 64 N.C. 664 (1870)

June 1870 · Supreme Court of North Carolina

64 N.C. 664

JAMES BOYLE v. THE CITY OF NEWBERN.

Cities, &c., are resposible to their officials for services rendered to tliem by the latter during the existence of the Provisional Government. <(Coolce v Codice, Phil. 583, approved.) j

Assumpsit, tried before Thomas, J., at Spring Term 1870, of Craven Court.

The plaintiff bad served as policeman in Newbern from •July 1865 to March 1866, under an appointment by persons, who, during that time, acted as Mayor and Commissioners of the City under an appointment by Governor Holden, whilst Provisional Governor.

Under the instructions of his Honor there was a verdict .and judgment for the plaintiff; and the defendant appealed.

Manly & TLaughton, for the appellant.

Green, contra.

Dick, J,

Upon the subjugation of North Carolina in 1865, the functions of the State government and of all municipal corporations which constituted a part of the State .government, was suspended. In this condition of anarchy the President of the United States rightfully established a Provisional Government, invested with power to regulate the police of the State, to administer justice, &c.: Cooke v. Cooke, Phil. 583, and the authorities therein cited. By virtue of such power the Provisional Governor appointed .and commissioned certain municipal officers in the City of Newbern, who employed the plaintiff as a policeman. The plaintiff performed the duties assigned him, and the City of Newbern received the benefit of his services, and is liable for his claim for compensation.

In order that no difficulties might arise about questions like the present, the acts of municipal officers of towns and other officers and agents of the late Provisional Government were declared valid by the Convention of 1865 and the Legislature of 1866; See Ordinance of Oct. 18th 1865; Acts 1866, ch. 36, s. 1; Const. Art. 4, s. 24.

There is no error.

Pee Oubiam. Judgment affirmed.