Bynum v. Board of Commissioners
Supreme Court of North Carolina
This was a motioN for an injunction, made in an action pending in Burke Superior Court, heard before Montgomery, I, at Chambers, on the 22d November, 1887. An election was ordered to be held, and was held, in the county of Burke, under the direction of the defendants— County Commissioners — on the 15th day of May, 1886, to take the sense of the electors of the county, upon a proposition submitted to them at that election to subscribe to the capital stock of the “Southern and…
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This was a motioN for an injunction, made in an action pending in Burke Superior Court, heard before Montgomery, I, at Chambers, on the 22d November, 1887. An election was ordered to be held, and was held, in the county of Burke, under the direction of the defendants— County Commissioners — on the 15th day of May, 1886, to take the sense of the electors of the county, upon a proposition submitted to them at that election to subscribe to the capital stock of the “Southern and Western Air Line Railroad Company,” as allowed by the statute (Acts 1885, chap. 274, § 10,) incorporating that company.…
1Opinion of the Court
Merrimon, J.,
(after stating the case.) It was the province and duty of the defendants — County Commissioners — to ascertain and declare truly, as prescribed by law, the result of the election in question, and their action in that respect was final and conclusive as to such result, for all proper purposes, until it should be impeached successfully in an action brought for that purpose. Their ascertainment of the result cannot, be questioned in any collateral action or proceeding. This is settled by many decisions. (The Code, §§1996-1998, Acts 1885, ch. 274, § 10); Smallwood v. New Berne, 90 N.…
2Cases cited8 opinions
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Rigsbee v. Town of DurhamSupreme Court of North Carolina · 1887
- Duke v. . BrownSupreme Court of North Carolina · 1887
- Rigsbee v. Board of CommissionersSupreme Court of North Carolina · 1888
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3Cited by13 opinions
- Robinson Watson v. Wingate, County JudgeCourt of Appeals of Texas · 1904
- Williams v. Rutherford Freight Lines, Inc.Court of Appeals of North Carolina · 1971
- Bolick v. RailroadSupreme Court of North Carolina · 1905
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- Schultz and Assoc. v. IngramCourt of Appeals of North Carolina · 1978
8 more not listed; retrieve them via the Exa API.