Lowery v. School Trustees.
Supreme Court of North Carolina
Action by W. A. Lowery and others against Board of Graded School. Trustees of the Town of Kernersville and others, heard hy Judge Henry B. Bryan, at the, September Term, 1905, of the Superior Court of Foesyth. At the session of 1905 of the General Assembly, an act was passed and ratified entitled “An act to establish a graded school in the town of Kernersville, Eorsyth County, North Carolina.”
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Action by W. A. Lowery and others against Board of Graded School. Trustees of the Town of Kernersville and others, heard hy Judge Henry B. Bryan, at the, September Term, 1905, of the Superior Court of Foesyth. At the session of 1905 of the General Assembly, an act was passed and ratified entitled “An act to establish a graded school in the town of Kernersville, Eorsyth County, North Carolina.” The portions of said act material to be noticed in the discussion of the exceptions by plaintiffs to the judgment appealed from are: Section 1. The town of Kerners-ville is made a public school district…
1Opinion of the Court
Connor, J.,
after stating the facts: If we concurred in the construction put upon the act by the learned coiinsel for the plaintiffs, we should feel compelled to declare it violative of the Constitution. We do not propose to bring into question the decisions made by this court in Puitt v. Commissioners, 94 N. C., 709, and Riggsbee v. Durham, ibid, 800. The principle, announced in those cases and uniformly adhered to by this court, is that a law which directs the tax raised from the polls and property of white persons to be devoted to sustaining schools for white children, and that raised from…
2Cases cited6 opinions
- The People Ex Rel. Sinkler v. . TerryNew York Court of Appeals · 1888
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- Darby v. . City of WilmingtonSupreme Court of North Carolina · 1877
- Rodman-Heath Cotton Mills v. Town of WaxhawSupreme Court of North Carolina · 1902
- Hooker v. Town of Greenville.Supreme Court of North Carolina · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hobbs v. County of MooreSupreme Court of North Carolina · 1966
- Smith v. KeatorSupreme Court of North Carolina · 1974
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Constantian v. Anson CountySupreme Court of North Carolina · 1956
- Heaton v. City of CharlotteSupreme Court of North Carolina · 1971
38 more not listed; retrieve them via the Exa API.