Hawley v. . Com'rs of Fayetteville
Supreme Court of North Carolina
■ Civil Action, tried at Fall Term, 1879, of Cumberland Superior Court, before Seymour, J. This action was brought to recover the amount of certain bonds issued by the defendant corporation. Judgment was rendered in favor of the plaintiff, and a writ of mandamus ordered to issue commanding defendants to levy a sufficient tax at the time allowed by law for the purpose of paying the debt, and the defendants appealed. The exceptions are embodied in the opinion.
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■ Civil Action, tried at Fall Term, 1879, of Cumberland Superior Court, before Seymour, J. This action was brought to recover the amount of certain bonds issued by the defendant corporation. Judgment was rendered in favor of the plaintiff, and a writ of mandamus ordered to issue commanding defendants to levy a sufficient tax at the time allowed by law for the purpose of paying the debt, and the defendants appealed. The exceptions are embodied in the opinion. As to the demand, see Alexander v. Com’rs, 67 N. 0., 330 ; McLendon v. Com’rs, 71 N. C., 38; Wharton v. Com’rs, at this term. As to…
1Opinion of the CourtSmith, C. J.
The plaintiff holds four bonds executed by the defendant corporation, on the 25th day of February, 1856, and maturing at twenty years, each in the sum of five hundred dollars with eight unpaid coupons belonging thereto, of fifteen dollars each, for semi-annual interest, and seeks in this action to recover judgment thereon and enforce payment by the levy of a sufficient tax for that purpose. After the maturity of the bonds, they were presented and payment demanded both of the treasurer of the town and of the mayor and commissioners, and upon their refusal the suit was instituted. The defendant…
2Cases cited3 opinions
- Gooch v. . GregorySupreme Court of North Carolina · 1871
- Alexander v. Commissioners of McDowellSupreme Court of North Carolina · 1872
- McLendon v. Commissioners of Anson CountySupreme Court of North Carolina · 1874
3Cited by3 opinions
- Richmond v. Town of ReidsvilleSupreme Court of North Carolina · 1891
- Leach v. . Commissioners of FayettevilleSupreme Court of North Carolina · 1881
- McLendon v. . CommissionersSupreme Court of North Carolina · 1874