Legal Opinion

Wadsworth v. Concord.

Supreme Court of North Carolina

Decided December 8, 1903PublishedCited by 29 opinions

ActioN by T. G. Wadsworth against tbe city of Concord, beard by Judge Thomas J. Shaw, at Chambers, at Shelby, N. G., March 26, 1903. From a judgment for the plaintiff the defendant appealed.

1Opinion of the Court

CLARK, C. J., and DOUGLAS, J., concurring in result, hold that a municipal board cannot bind the town by a contract as to necessary expenses to be incurred after their term of office shall expire. The General Assembly of 1903, ch. 85, Private Laws, amended the charter of the town of Concord. By section 5 of said act it is provided: "That the commissioners or board of aldermen of said city shall have the power and it shall be their duty to provide for lighting the streets and public buildings of said city and to contract for and pay for the same." At the same session, Private Laws, chapter 86,…

2Cases cited4 opinions

  1. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  2. Thrift v. . Elizabeth CitySupreme Court of North Carolina · 1898
  3. City of Keokuk v. ScroggsSupreme Court of Iowa · 1874
  4. City of Des Moines v. GilchristSupreme Court of Iowa · 1885

3Cited by29 opinions

  1. Bramham v. City of DurhamSupreme Court of North Carolina · 1916
  2. Robinson v. Goldsboro.Supreme Court of North Carolina · 1904
  3. Commissioners of Hendersonville v. C. A. Webb & Co.Supreme Court of North Carolina · 1908
  4. Purser v. LedbetterSupreme Court of North Carolina · 1946
  5. Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911

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