Town of Hendersonville v. Jordan
Supreme Court of North Carolina
ActioN beard before Ferguson, J., at November Term, 1908, of HgndeRson, a jury trial having been formally waived. Defendant appealed.
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ActioN beard before Ferguson, J., at November Term, 1908, of HgndeRson, a jury trial having been formally waived. Defendant appealed. It appeared that defendant had prepared, ready for delivery, $18,000 of corporate bonds, for the purpose of raising money to pave certain streets and sidewalks of the town, the issue having been sanctioned and approved by the voters of the town at an election held to determine this question; that defendant had made an offer to buy the bonds at a specified price, and, the offer having been accepted by plaintiff, defendant resists compliance, alleging that the…
1Opinion of the Court
Hoke, J.,
after stating the case: In Commissioners v. Webb, 148 N. C., 120, the Court held: “The decisions of this State sanction the position that the costs of maintaining the streets to the extent and in the manner required for the well ordering and good government of a town is a necessary expense, and that an indebtedness incurred for such a purpose does not come under the prohibition of section 7, Article YU, of the Constitution, which forbids a municipality to contract a debt, pledge its faith' or loan its credit, etc., except for the necessary expenses thereof, without a vote of the…
2Cases cited7 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889
- Commissioners of Hendersonville v. C. A. Webb & Co.Supreme Court of North Carolina · 1908
- Sanders v. LacksSupreme Court of Missouri · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Countz v. MitchellTexas Supreme Court · 1931
- Board of Trustees v. WebbSupreme Court of North Carolina · 1911
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
21 more not listed; retrieve them via the Exa API.