Legal Opinion

Smith v. Town of CaroLina Beach

Supreme Court of North Carolina

Decided July 11, 1934PublishedCited by 16 opinions

1Opinion of the CourtBkogdeN, J.

Are de facto officers of a duly constituted municipality authorized to issue and sign bonds for the necessary expenses of such municipality ?

The provision of the town charter limiting the right of suffrage to real estate owners in the town is void by virtue of the provisions of Article VI of the Constitution of North Carolina. Notwithstanding, a mayor and commissioners have been elected in said town every two years since 1927, and said officers have purported to qualify, assuming and exercising openly and without question the duties not only imposed by the charter of the town, but by the…

2Cases cited8 opinions

  1. Waite v. Santa CruzSupreme Court of the United States · 1902
  2. State v. . LewisSupreme Court of North Carolina · 1890
  3. State Ex Rel. Van Amringe v. TaylorSupreme Court of North Carolina · 1891
  4. State Ex Rel. Markham v. SimpsonSupreme Court of North Carolina · 1918
  5. Rodwell v. RowlandSupreme Court of North Carolina · 1905

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3Cited by16 opinions

  1. Reed v. President of North EastCourt of Appeals of Maryland · 1961
  2. Idol v. StreetSupreme Court of North Carolina · 1951
  3. State Ex Rel. Attorney-General Ex Rel. Owens v. ChaplinSupreme Court of North Carolina · 1948
  4. Freeman v. . Comrs. of MadisonSupreme Court of North Carolina · 1940
  5. Freeman v. Board of County CommissionersSupreme Court of North Carolina · 1940

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