MOSS v. ALEXANDER

No. 163.

116 S.E.2d 797 (1960)

253 N.C. 262

Clifton D. MOSS, a Citizen and Taxpayer of Halifax County, for and on behalf of Halifax County, v. C. S. ALEXANDER, J. R. Wrenn, T. W. Myrick, M. H. Mitchell, and H. A. Branch, Board of Commissioners of Halifax County, North Carolina, and M. G. Satterwhite.

Supreme Court of North Carolina.

November 2, 1960.


Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff, appellant.

Banzet & Banzet, Warrenton, Branch & Hux, Enfield, Crew & House, Roanoke Rapids, Gay, Midyette & Turner, Jackson, Rom B. Parker, Enfield, for defendants, appellees.


HIGGINS, Justice.

Involved here is the question of law whether the Board of Commissioners of Halifax County has power to authorize the appointment of more than one deputy sheriff to serve on salary to be paid out of public funds. Divergent views as to the legal effect of three Acts of the General Assembly give rise to this dispute.

Chapter 287, Public-Local Laws, Session 1913, provided:

"Section 1. The Sheriff...

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