French v. City of Wilmington
Supreme Court of North Carolina
Civil Action, being an application for an Injunction, beard before his Honor, Judge MoICoy, at the October Term, 1875, of New Hanover Superior Court.
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Civil Action, being an application for an Injunction, beard before his Honor, Judge MoICoy, at the October Term, 1875, of New Hanover Superior Court. The plaintiffs, on behalf of themselves and of the other tax-payers of the city of Wilmington, had, on the 27th September, 1875, obtained an order from Judge Seymour, restraining the defendant from levying and collecting certain taxes, which the plaintiffs alleged to be unconstitutional until the matter, after due notice to the defendant, could be heard before Judge McIvoy, before whom the papers were returnable, at the regular October Term of…
1Opinion of the CourtRodman, J.
The plaintiffs, who are tax-payers of the city, complain that on Januaiy 18th, 1875, the corporate authorities levied a tax of two per cent, on all the real and personal property in the city, which they are proceeding to collect. They allege that the power of the corporation to tax is limited by the Act, chapter 144, of Acts 1872-73, Schedule B, sec. 1, p. 229, to one and a half per cent., and pray for an injunction against the excess.
We are of opinion that as the power to tax is not limited by the city charter, the Act cited applies, subject, however, to the qualification that it does not…
2Cases cited2 opinions
- French v. . Commissioners of New HanoverSupreme Court of North Carolina · 1876
- Trull and Brown v. . the Bd. of Com. of Madison Co.Supreme Court of North Carolina · 1875
3Cited by6 opinions
- Young v. . Town of HendersonSupreme Court of North Carolina · 1877
- Redmond v. Commissioners of the Town of TarboroSupreme Court of North Carolina · 1890
- Swinson v. Town of Mount OliveSupreme Court of North Carolina · 1908
- Barksdale v. Commissioners of Sampson CountySupreme Court of North Carolina · 1885
- Collie v. Commissioners of Franklin CountySupreme Court of North Carolina · 1907
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