Wittkowsky v. Board of Commissioners
Supreme Court of North Carolina
ActioN beard by Quion, J., wbo found tbe facts, by consent, .at May Term, 1908, of Jackson. Tbe Court, upon tbe pleadings and admissions, found tbe following facts material to tbe decision of tbis appeal : Tbe General Assembly of North Carolina, at its session of 1889, chartered tbe Carolina Mining, Manufacturing and Improvement Company (chapter 159, Private Laws 1889). Said corporation, among other things, was empowered to construct and operate “tramroads or railroads as…
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ActioN beard by Quion, J., wbo found tbe facts, by consent, .at May Term, 1908, of Jackson. Tbe Court, upon tbe pleadings and admissions, found tbe following facts material to tbe decision of tbis appeal : Tbe General Assembly of North Carolina, at its session of 1889, chartered tbe Carolina Mining, Manufacturing and Improvement Company (chapter 159, Private Laws 1889). Said corporation, among other things, was empowered to construct and operate “tramroads or railroads as public carriers,” etc. At the session of 1891 the act of 1889 was amended and the corporation empowered to extend its…
1Opinion of the CourtConnor, J.
Plaintiff concedes that as the acts of 1889 and 1891 were not passed in accordance with the requirements of Article II, section 14, of the Constitution, the action of the commissioners in ordering the election and issuing the bonds was without authority, unless, as he insists, townships are not included in the article and section. It is too firmly settled by repeated decisions of this Court to be regarded as open to debate that the constitutional requirements in regard to the manner in which such acts are passed are mandatory and essential to their validity. The learned counsel, however,…
2Cases cited5 opinions
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- Brown v. Commissioners of HertfordSupreme Court of North Carolina · 1888
- Wallace v. Board of TrusteesSupreme Court of North Carolina · 1881
- Graves v. Commissioners.Supreme Court of North Carolina · 1904
3Cited by2 opinions
- Arnold v. VarnumCourt of Appeals of North Carolina · 1977
- Township Road Commission of No. 10 Township v. Board of CommissionersSupreme Court of North Carolina · 1919