Legal Opinion

Hammond v. McRae

Supreme Court of North Carolina

Decided December 29, 1921PublishedCited by 16 opinions

Appeal by plaintiff from Lane, J., at tbe November Term, 1921, of SCOTLAND. Civil action, beard on case agreed. Tbe action is to restrain defendant board from issuance and sale of $150,000 of bonds of said district pursuant to an election under cb. 79, Private Laws of 1920. From tbe facts stated in tbe case agreed it appears that under cb. 53, Laws of 1909, tbe Laurinburg Graded School District was established, including tbe town of Laurinburg and two or more adjacent mill…

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Appeal by plaintiff from Lane, J., at tbe November Term, 1921, of SCOTLAND. Civil action, beard on case agreed. Tbe action is to restrain defendant board from issuance and sale of $150,000 of bonds of said district pursuant to an election under cb. 79, Private Laws of 1920. From tbe facts stated in tbe case agreed it appears that under cb. 53, Laws of 1909, tbe Laurinburg Graded School District was established, including tbe town of Laurinburg and two or more adjacent mill villages; that said school was conducted under that and other pertinent legislation, and prior to 1920, tbe defendant…

1Opinion of the CourtHoKe, J.

It is objected to the validity of this bond issue, first, that the act of 1920, under which the election was held, is unconstitutional *752in that it provides for approval of tbe measure by a majority of those voting at tbe election. In construing Art. YII, sec. 7, of tbe Constitution, wbicb requires tbe approval of a “majority of tbe qualified voters therein,” before any county, city, or town or other municipal corporation can contract a debt or levy a tax, etc., except for necessary expenses, it has been repeatedly held that tbe term “qualified voters therein” means all persons resident in tbe…

2Cases cited18 opinions

  1. Mobile v. WatsonSupreme Court of the United States · 1886
  2. Smith v. School Trustees.Supreme Court of North Carolina · 1906
  3. Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
  4. Moose v. Board of CommissionersSupreme Court of North Carolina · 1916
  5. Baker v. City of SeattleWashington Supreme Court · 1891

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3Cited by16 opinions

  1. Bank v. . Bryson CitySupreme Court of North Carolina · 1938
  2. Galloway v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1922
  3. Green v. City of AshevilleSupreme Court of North Carolina · 1930
  4. Green v. United StatesCourt of Appeals for the Ninth Circuit · 1933
  5. Board of Education of Buncombe County v. Bray Bros.Supreme Court of North Carolina · 1922

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