The Bd. of Comm'rs of Macon Cnty. v. The Bd. of Comm'rs of Jackson Cnty.

• Decision Date: 30 June 1876
• Citation: The Bd. of Comm'rs of Macon Cnty. v. The Bd. of Comm'rs of Jackson Cnty., 75 N.C. 240 (N.C. 1876)
• Parties: THE BOARD OF COMMISSIONERS OF MACON COUNTY v. THE BOARD OF COMMISSIONERS OF JACKSON COUNTY.
• Court: North Carolina Supreme Court

75 N.C. 240

THE BOARD OF COMMISSIONERS OF MACON COUNTY

v.THE BOARD OF COMMISSIONERS OF JACKSON COUNTY.

Supreme Court of North Carolina.

June Term, 1876.

A payment voluntarily made, with a knowledge of all the facts, cannot be recovered back, although there was no debt. This rule applies as well to a payment made by one corporation to another, as to a payment by one individual to another.

When a Judge of the Superior Court, upon proper application made, requires the commanding officer of a county to furnish the jailor with such guard as may be required for the safe keeping of prisoners, under the provisions of Bat. Rev., chap. 89, sec. 10, the expenses of the guard so incurred are to be paid by the county from which the prisoners are removed.

( Pool v. Allen, 7 Ired., 120; Adams v. Reeves, 68 N. C. Rep., 134; Comm'rs. of Catawba v. Litzer, 70 N. C. Rep., 426, cited and approved)

CASE AGREED, heard before CANNON, J., at Spring Term 1875, of JACKSON County.

The following are the facts: In 1872, one Bagless Henderson was indicted for murder in the County of Macon, and committed to the jail of said county. Upon the affidavit of the prisoner, the cause was removed to the County of Jackson, and the Sheriff of Macon County was ordered to deliver the prisoner into the custody of the Sheriff of said county. From the time the prisoner was confined in the jail of Jackson County until the time of his execution, a strong guard was kept over the prisoner. Accounts of the expenses of keeping this guard were sent to the County of Macon from time to time, and upon these accounts the sum of $430.31 was paid. The money was paid upon orders drawn by the Register of Deeds of Jackson County upon the Treasurer of Macon County. The guard was ordered by the Court to be employed. It is not contended that the jail of Jackson County was insecure, but the guard was employed for the purpose of preventing the release of the prisoner from the outside. The Board of Commissioners of Macon County being advised that they were not authorized to make the payments aforesaid have demanded of the defendants the repayment of said sum, and this demand has been refused.

It is agreed that if the Court shall be of the opinion that the plaintiff is not entitled to recover of the defendant, then there is to be judgment in favor of the defendant for cost. But if the Court shall be of the opinion that the plaintiff is entitled to recover, then the judgment is to be rendered against the defendant for four hundred and thirty dollars and thirty-one cents.

Upon the hearing the Court rendered judgment in favor of the defendant according to the case agreed, and thereupon the plaintiff appealed.

C. A. Moore and Smith & Strong, for appellant .

J. H. Merrimon, contra .

BYNUM, J.

A voluntary payment, with a knowledge of all the facts...