City of Raleigh v. Mechanics & Farmers Bank

WiNbobne, J., with whom Stacy, 0. J., and Barnhill, J.,

concur, dissenting: The .questions involved on this appeal are of great concern not only to all taxpayers within the city of Raleigh but to all those in every municipality in the State of North Carolina. The statute pleaded by defendant in limitation of this action is in derogation of sovereign authority and of common right. The case calls for deliberate consideration in the “cold neutrality” of law and justice unaffected by pride of opinion in former decisions rendered by this Court.

The appellant, city of Raleigh, challenges, and seeks…