Jones v. Commissioners.
Supreme Court of North Carolina
In 1887 the county of Madison having become indebted to various persons for necessary expenses, the Legislature passed an act to enable said county to settle such indebtedness by issuing coupon bonds, payable twenty years from date, bearing interest at 6 per cent. See chapter 398, Laws 1887. Under and by virtue of this act bonds were issued and such indebtedness taken up to the amount of $25,000, or near that sum.
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In 1887 the county of Madison having become indebted to various persons for necessary expenses, the Legislature passed an act to enable said county to settle such indebtedness by issuing coupon bonds, payable twenty years from date, bearing interest at 6 per cent. See chapter 398, Laws 1887. Under and by virtue of this act bonds were issued and such indebtedness taken up to the amount of $25,000, or near that sum. No payment of any consequence has been made on such indebtedness. In addition to these bonds and the interest thereon, unpaid claims for necessary expenses have further accumulated…
1Opinion of the Court
CLARK, C.J., and WALKER, J., dissent. This case has heretofore been decided by the Court in favor of the defendant, and an opinion to that effect has been reported in 135 N.C. 218. A like decision in a case substantially similar was (590) made inBank v. Comrs., 135 N.C. 230 — Justices Connor and Montgomery dissenting in each case.
After full and careful consideration, the majority of the Court are now of opinion that the former decision was erroneous, and the law governing the case on the main questions presented is in accord with the dissenting opinions of Mr. Justice Connor filed in the two…
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