Trull and Brown v. . the Bd. of Com. of Madison Co.
Supreme Court of North Carolina
This was an application for an Injunction against the Commissioners of Madison count}', heard before bis Honor Judge Watts, at Fall Term, 1874, of the Superior Court of said county.
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This was an application for an Injunction against the Commissioners of Madison count}', heard before bis Honor Judge Watts, at Fall Term, 1874, of the Superior Court of said county. The plaintiffs, for themselves and for others, the tax-payers of Madison, allege in their complaint, the foundation of their application for a restraining order, that on the 5th day of July, 1874, the defendants levied upon the property of the citizens of the county, a tax of $1.60 on the $100 worth of said pro-pert}' ; and insisting that such taxes should by law have been levied at their regular meeting, on the…
1Opinion of the CourtReads, J.
The plaintiffs seem to have carelessly fallen into the error of supposing that the defendants had levied taxes to pay debts which were not owing, and that the alleged debts, if they existed at all, were contracted since the adoption of the Constitution, and that therefore the limitation and equation of taxation in the Constitution prevented the levy complained of. But it appears from the defendants’ affidavit, which presents the facts upon which we have to rely, that the debts are owing, ana that a large portion of them were contracted prior to the adoption of the Constitution.
In order to pay…
2Cases cited2 opinions
- Mauney v. Board of CommissionersSupreme Court of North Carolina · 1874
- Street v. Board of CommissionersSupreme Court of North Carolina · 1874
3Cited by16 opinions
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Grand Island & Northern Wyoming Railroad v. BakerWyoming Supreme Court · 1896
- Southern Railway Co. v. Cherokee CountySupreme Court of North Carolina · 1919
- Clifton v. . WynneSupreme Court of North Carolina · 1879
- Cromartie v. Commissioners of BladenSupreme Court of North Carolina · 1882
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