Gardner v. City of New Berne
Supreme Court of North Carolina
This is a Civil action for an injunction, heard by Philips, Judge, in Chambers, at Tarboro, on June 22d, 1887. The charter granted to the City of New Berne on March 14th, 1879, contains in section 29 this provision: “All moneys arising from taxation, donation or other sources, shall be paid to the treasurer of the city, and no appropriation thereof shall be made, except for the necessary expenses of the city, and but by a concurring vote of six-eights (6-8) of all the…
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This is a Civil action for an injunction, heard by Philips, Judge, in Chambers, at Tarboro, on June 22d, 1887. The charter granted to the City of New Berne on March 14th, 1879, contains in section 29 this provision: “All moneys arising from taxation, donation or other sources, shall be paid to the treasurer of the city, and no appropriation thereof shall be made, except for the necessary expenses of the city, and but by a concurring vote of six-eights (6-8) of all the councilmen.” The council consists of eight persons, of whom one is elected in each of the five wards into which the city is…
1Opinion of the Court
Smith, C. J.,
(after stating the facts as above). The plaintiff insists that the charter wholly disables the members of the board from appropriating any moneys in the treasury, however derived, to pay any but the necessary expenses of the administration of the city government, and as to these, the appropriation must be made by the concurring action of six of the number to be effectual and valid.
The defendant construes 'the section as excepting unconditionally what are termed “the necessary expenses of the city” from the operation of the previous sweeping provision, and as putting a limitation…
2Cases cited1 opinion
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
3Cited by5 opinions
- Williamson v. City of High PointSupreme Court of North Carolina · 1938
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Swindell v. Town of BelhavenSupreme Court of North Carolina · 1917
- Hall v. . ReddSupreme Court of North Carolina · 1929
- Purser v. . LedbetterSupreme Court of North Carolina · 1946