Williamson v. City of High Point

Tbe position of appellant that tbe court was without authority to modify tbe decree entered at tbe February Term is correct. Yerys v. Ins. Co., 210 N. C., 442, 187 S. E., 583; Southerland v. R. R., 148 N. C., 442, 62 S. E., 517; 32 C. J., 506. Tbe basis for tbe final decree was, that tbe original undertaking “goes far beyond tbe powers conferred by tbe Eevenue Bond Act of 1935, and is ultra vires." But as we understand tbe record, tbe defendants’ prayer to this effect was disregarded, and rightly so.

Tbe sole question before tbe Court was whether tbe final decree entered at tbe February Term…