Legal Opinion

Road Commissioners v. Bank of Ashe

Supreme Court of North Carolina

Decided May 11, 1921PublishedCited by 15 opinions

Appeal by defendants from Well, Jat April Term, 1921, of Ashe. Tbis was a controversy without action. It appears from tbe case agreed that tbe plaintiff issued $300,000 road bonds, fixing tbe dates of maturity, for wbicb tbe defendants agreed to pay par and accrued interest and a premium of $500. Tbe plaintiff was incorporated, Public-Local Laws 1919, cb. 467, and was vested with, the powers, rights, duties and authority of the board of county commissioners with respect to…

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Appeal by defendants from Well, Jat April Term, 1921, of Ashe. Tbis was a controversy without action. It appears from tbe case agreed that tbe plaintiff issued $300,000 road bonds, fixing tbe dates of maturity, for wbicb tbe defendants agreed to pay par and accrued interest and a premium of $500. Tbe plaintiff was incorporated, Public-Local Laws 1919, cb. 467, and was vested with, the powers, rights, duties and authority of the board of county commissioners with respect to the public roads of Ashe County, and was authorized to construct a system of highways for said county. By virtue of an…

1Opinion of the Court

Clark:, C. J.

The first objection of the defendants is to the constitutionality of ch. 467, Public-Local.Laws 1919, which they claim violates sec. 29, Art. II, because it deprives the board of county commissioners of certain powers relating to the control of public roads; and their second objection raises the same point as to the amendatory act ratified 3 February, 1921, entitled “An act to amend the public road law of Ashe County, ch. 467, Public-Local Laws 1919,” and also on the ground that it contravenes the section of the Constitution above cited and deprives the county commissioners of…

2Cases cited7 opinions

  1. Brown v. Road CommissionersSupreme Court of North Carolina · 1917
  2. Mills v. Board of CommissionersSupreme Court of North Carolina · 1918
  3. Commissioners of Yancey County v. Road Commissioners of Yancey CountySupreme Court of North Carolina · 1914
  4. Smathers v. Commissioners of Madison CountySupreme Court of North Carolina · 1899
  5. Board of Commissioners v. PrudenSupreme Court of North Carolina · 1919

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3Cited by15 opinions

  1. McIntyre v. ClarksonSupreme Court of North Carolina · 1961
  2. In Re HarrisSupreme Court of North Carolina · 1922
  3. State v. . KellySupreme Court of North Carolina · 1923
  4. Reed v. Howerton Engineering Co.Supreme Court of North Carolina · 1924
  5. Freeman v. . Comrs. of MadisonSupreme Court of North Carolina · 1940

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