Legal Opinion

Debnam v. Chitty.

Supreme Court of North Carolina

Decided December 20, 1902PublishedCited by 6 opinions

Action by T. H. Debnam against J. C. Cbitty, Tax Collector in Murfreesboro Township, Hertford County, beard by Judge George A. Jones, at October Term, 1902, of the Superior Court of Hertford County. This is an action to declare invalid certain bonds issued by Murfreesboro Township, in Hertford County, and to enjoin the payment thereof.

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Action by T. H. Debnam against J. C. Cbitty, Tax Collector in Murfreesboro Township, Hertford County, beard by Judge George A. Jones, at October Term, 1902, of the Superior Court of Hertford County. This is an action to declare invalid certain bonds issued by Murfreesboro Township, in Hertford County, and to enjoin the payment thereof. It stands upon demurrer to the complaint, which is as follows: “The plaintiff, complaining, alleges: “1. That he is an actual bona fide resident and tax-payer in the said township. “2. That the defendant is the duly appointed and qualified Tax Collector in said…

1Opinion of the Court

FURCHES, C. J., dissenting; CLARK, J., dissenting in part. This is an action to declare invalid certain bonds issued by Murfreesboro Township, in Hertford County, and to enjoin the payment thereof. From a judgment for the plaintiff the defendant appealed. As this case stands upon demurrer, all (676) the allegations of fact contained in the complaint must be taken as true for the purposes of this appeal. However, we have not been satisfied with this legal presumption, but have personally examined the original Journal of the House of Representatives, and find that neither act was passed in…

2Cases cited24 opinions

  1. Norton v. Shelby CountySupreme Court of the United States · 1886
  2. Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
  3. Dixon County v. FieldSupreme Court of the United States · 1884
  4. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  5. United States v. County of MacOnSupreme Court of the United States · 1879

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3Cited by6 opinions

  1. Burgin v. . SmithSupreme Court of North Carolina · 1909
  2. Commissioners v. . Trust Co.Supreme Court of North Carolina · 1906
  3. Lasseter v. State ex rel. HallowesSupreme Court of Florida · 1914
  4. Board of Com'rs v. TomeCourt of Appeals for the Fourth Circuit · 1907
  5. Asheville v. Webb.Supreme Court of North Carolina · 1903

1 more not listed; retrieve them via the Exa API.

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