City of Wilmington v. Stolter

Citations

• 30 S.E. 12
• 122 N.C. 395
• 1898 N.C. LEXIS 269

Syllabus

<p>Action to Recover Delinquent Taxes — -Delinquent Taxes —Interest—Repeal of Statute — Counsel.</p> <p>1. An action pending to recover arrearages of taxes brought under Chapter 182, Acts of 1895, authorizing the collection of unpaid taxes for past years, is not affected by the repeal of such statute. (Section 3764 of The Code.) Faircloth, C. J., and Furches, J., dissent.</p> <p>2. Under Chapter 182, Acts of 1895, authorizing the collection of delinquent taxes, interest and penalties, no rate of interest being fixed therein, only six per cent, interest per annum can be recovered.</p> <p>3. Section 2 of Chapter 182, Acts of 1895, authorizing the collection of delinquent taxes due to the City of Wilmington provides that the City Attorney, together with such associated counsel as he may select, shall bring the actions. Held, that it was proper, on the resignation of the City Attorney, for the associated counsel to continue as counsel for the city.</p>