Lanning v. Commissioners of Transylvania County

Citations

• 11 S.E. 622
• 106 N.C. 505

Syllabus

<p>Sheriff — County Commissioners — Note—Statute of Limitations— The Code — County Debt — Referee.</p> <p>1. By order of the County Commissioners in February, 1881, L., a Sheriff, executed and delivered a note to one D. for the value of his services in building a court-house and jail. Payments were made thereon by the Sheriff and by the Chairman of Commissioners in March. 1882, and afterwards, the Sheriff, under order of the Commissioners to him as such, paid off the balance in full, but failed, as he alleged, to have it allowed to him in settlement with the Commissioners: Held, that in an action by L. against the Commissioners for such balance, it must appear that he presented his claim within two years after its maturity.</p> <p>2, When the referee to whom the case was referred under The'Oode failed to find the facts upon which this statute of limitation can be determined, the case must be remanded.</p> <p>3. It is not necessary, in such action, that the items of the account between the parties, should be stated in detail. The findings of fact as to the execution of the note, the payments thereon, the balance due, and the ownership thereof, are sufficient as to all questions involved, except the statute of limitations.</p>