Williams v. County Commissioners
Supreme Court of North Carolina
ActioN, tried before Cline, J., and a jury, at Spring Term, 1918, of PoLK. The action was to set aside tbe formation of a special school-tax district in said county to be known as “Sunny Yiew,” and to restrain the collection of the tax therein on the ground: 1. That same was not of sufficient area and did not contain the number of pupils required for the purpose. 2. That the special tax contemplated had not received a majority of the qualified voters of the proposed…
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ActioN, tried before Cline, J., and a jury, at Spring Term, 1918, of PoLK. The action was to set aside tbe formation of a special school-tax district in said county to be known as “Sunny Yiew,” and to restrain the collection of the tax therein on the ground: 1. That same was not of sufficient area and did not contain the number of pupils required for the purpose. 2. That the special tax contemplated had not received a majority of the qualified voters of the proposed district. • On .denial of the impeaching allegations, the jury rendered the following verdict as relevant to the questions…
1Opinion of the CourtHoke, J.
The present statute on the subject (Revisal, sec. 4129, amended in 1909, ch. 856, and 1911, ch. 135, now appearing in Gregory’s Supplement, p. 659) prohibits the formation of school districts having less than sixty-five children of school age unless the same shall contain at least twelve square miles of territory, or unless it is separated by dangerous natural barriers from a schoolhouse in the district of which the proposed new district is a part, etc., and the jury having found that tbe proposed district contains tbe twelve square miles of territory tbe first ground of plaintiffs’ complaint…
2Cases cited7 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Hollowell v. . BordenSupreme Court of North Carolina · 1908
- Duke v. . BrownSupreme Court of North Carolina · 1887
- Clark v. Statesville.Supreme Court of North Carolina · 1905
- Sprague v. Commissioners of Wake CountySupreme Court of North Carolina · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Henderson v. . WilmingtonSupreme Court of North Carolina · 1926
- Armstrong v. Board of CommissionersSupreme Court of North Carolina · 1923
- Davis v. County Board of EducationSupreme Court of North Carolina · 1923
- Henderson v. City of WilmingtonSupreme Court of North Carolina · 1926
- Hammond v. McRaeSupreme Court of North Carolina · 1921
12 more not listed; retrieve them via the Exa API.