Hill v. Stansbury
| Court | United States State Supreme Court of North Carolina |
| Citation | 223 N.C. 193,25 S.E.2d 604 |
| Decision Date | 19 May 1943 |
| Docket Number | No. 674.,674. |
| Parties | HILL et al. v. STANSBURY et al. |
25 S.E.2d 604
223 N.C. 193
HILL et al.
v.
STANSBURY et al.
No. 674.
Supreme Court of North Carolina.
May 19, 1943.
Appeal from Superior Court, Guilford County; William H. Bobbitt, Judge.
Action by Thomas J. Hill and others, as taxpayers, against George L. Stansbury and others to recover on behalf of the county moneys paid to County Treasurer in excess of his salary as fixed by law. From judgments of nonsuit entered as to County Commissioners at the close of plaintiffs' evidence and as to the Treasurer upon consideration of all the evidence, the plaintiffs appeal.
On appeal of the Commissioners, affirmed; on appeal of the Treasurer, reversed.
Civil action by taxpayers to recover on behalf of the county moneys paid to the County Treasurer in excess of his salary as fixed by law.
The facts are these:
1. During the intervals here in question the salary of the County Treasurer of Guilford County was fixed at $1,800 a year
[25 S.E.2d 605]pursuant to Chap. 247, Public-Local Laws 1927.
2. In 1931, the Board of Commissioners of Guilford County, agreeably to the provisions of the Machinery Act, Chap. 428, Sec. 805(8), Public Laws 1931, designated the then County Treasurer, W. C. Coble, to receive tax prepayments, made between July 1 and October 1 of any year, and for this extra service he was allowed $1200 per annum.
3. In January, 1939, the defendant, W. Clarence Johnson, succeeded W. C. Coble as Treasurer of Guilford County.
4. It is alleged, and there is evidence tending to show, that pursuant to appropriations made by the Commissioners of Guilford County, the Treasurer was paid from February, 1939, through June, 1941, at the rate of $3,000 per annum; and from July, 1941, through October, 1941, he was compensated at the rate of $3,240 per annum.
5. On September 3, 1941, in accordance with the provisions of C.S. § 3206, three of the plaintiffs herein served written demand upon the defendants to institute a suit for the recovery of the excessive salary unlawfully received by the Treasurer and unlawfully appropriated by the County Commissioners. After the lapse of 60 days with no suit being instituted, this action was begun to recover for the benefit of the County the aforesaid sums in excess of the amounts allowed by law.
6. Over objection, the defendants were permitted to offer evidence tending to show that the services rendered by the defendant, W. Clarence Johnson, as Prepaid Tax Collector, were well worth the additional sums allowed and paid him.
From judgments of nonsuit entered (1) as to the County Commissioners at the close of plaintiffs' evidence, and (2) as to the Treasurer upon consideration of all the evidence, the plaintiffs appeal, assigning errors.
L. P. McLendon, Andrew Joyner, Jr., and York & Boyd, all of Greensboro, for plaintiffs, appellants.
Clifford Frazier, King & King, and D. Newton Farnell, Jr., all of Greensboro, for defendants, appellees.
STACY, Chief Justice.
This is one of the cases that was here at the Spring Term 1942, on motion to strike portions of the pleadings, reported in 221 N.C. 339, 20 S.E.2d 308.
The case as made out against the individual members of the Board of County Commissioners is wanting in sufficiency to show that they acted in bad faith, corruptly, or from motives of malice. Hence, on authority and under the...
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