Board of Education v. . Board of Commissioners
Supreme Court of North Carolina
Civil ACTION, beard by Devin, J., in AlamaNCE Superior Court, the bearing, by consent, being, adjourned to bis chambers in the city of Durham, where he made the following findings of fact and rendered the following judgment: • This was a mandamus proceeding instituted by the Board of Education of Alamance County against the Board of Commissioners of said county, and was heard before the undersigned judge at chambers, at Oxford, on the 24th day of July, 1919, and at chambers,…
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Civil ACTION, beard by Devin, J., in AlamaNCE Superior Court, the bearing, by consent, being, adjourned to bis chambers in the city of Durham, where he made the following findings of fact and rendered the following judgment: • This was a mandamus proceeding instituted by the Board of Education of Alamance County against the Board of Commissioners of said county, and was heard before the undersigned judge at chambers, at Oxford, on the 24th day of July, 1919, and at chambers, at Durham, on the 15th day of August, 1919. No exception was taken by either side as to-any matter of procedure, both…
1Opinion of the Court
Walker J.,
after stating the case: It must be admitted that there is some confusion in the terms of the statute as to the limit of 35 per cent. Our view is that the dominant idea and the clear and explicitly expressed purpose was to provide sufficient funds for the support and maintenance of the public schools in the State for the new constitutional term of six months, instead of for four months which was formerly the length of the term, as fixed by the Constitution.. We must so construe the law as to execute this intention.
It seems to be conceded that the levy of 35 cents on the one hundred…
2Cases cited13 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Abernethy v. Board of CommissionersSupreme Court of North Carolina · 1915
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- School Commissioners v. Board of Aldermen & TreasurerSupreme Court of North Carolina · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Person v. . WattsSupreme Court of North Carolina · 1922
- Elliott v. State Board of EqualizationSupreme Court of North Carolina · 1932
- Person v. Board of State Tax CommissionersSupreme Court of North Carolina · 1922
- Hamlet Hospital v. Joint Committee on StandardizationSupreme Court of North Carolina · 1952
- Lacy v. Fidelity Bank of DurhamSupreme Court of North Carolina · 1922
7 more not listed; retrieve them via the Exa API.