Cain v. Commissioners of Davie County
Supreme Court of North Carolina
MotioN by plaintiffs for an injunction to restrain defendant commissioners from collecting a certain tax, heard at Fall Term, 1881, of Davie Superior Court, before Eure, J. The general assembly, at its session in 1881, passed an act intended, as expressed in its title, to prevent live stock from running at large in the counties of Davie and Anson, by erecting a fence around their boundaries, the fifteenth section of which is in these words : “ Whenever a majority of the…
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MotioN by plaintiffs for an injunction to restrain defendant commissioners from collecting a certain tax, heard at Fall Term, 1881, of Davie Superior Court, before Eure, J. The general assembly, at its session in 1881, passed an act intended, as expressed in its title, to prevent live stock from running at large in the counties of Davie and Anson, by erecting a fence around their boundaries, the fifteenth section of which is in these words : “ Whenever a majority of the qualified voters of said counties, or any township thereof, as appears by the returns of votes cast for the various electors…
1Opinion of the CourtSmith, C. J.
After stating the above. It was wholly unnecessary, and attended with useless expense, to prosecute both appeals, since every exception to which the first refusal of the writ is liable lies with equal force against the last, and the same relief is attained by allowing it upon either application. We should be disposed therefore to tax the appellants with the costs of a needless record, if the merits were found to be with them upon the subject matter in dispute, and if we should direct the issuing of the injunction.
The arrest of proceedings to enforce the act is asked upon the several grounds…
2Cases cited4 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Young v. . Town of HendersonSupreme Court of North Carolina · 1877
- Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
- Simpson v. Commissioners of MecklenburgSupreme Court of North Carolina · 1881
3Cited by48 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Whitaker v. ParsonsSupreme Court of Florida · 1920
- City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Mayor of Birmingham v. KleinSupreme Court of Alabama · 1889
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