Legal Opinion

Bennett v. Board of Commissioners

Supreme Court of North Carolina

Decided May 26, 1917PublishedCited by 20 opinions

Civil actioN to restrain the issue and delivery of $200,000 bonds of the county of RociaNGHAM in pursuance of a resolution of the board of commissioners, heard, by consent, before Lane, J., as resident judge of the Eleventh District, at Reidsville, N. O., on 28 April, 1917. On tbe bearing it appeared tbat in January, 1917, tbe board of commissioners of Rockingham County, in meeting assembled, after reciting tbat it was necessary to build and improve tbe public roads of tbe…

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Civil actioN to restrain the issue and delivery of $200,000 bonds of the county of RociaNGHAM in pursuance of a resolution of the board of commissioners, heard, by consent, before Lane, J., as resident judge of the Eleventh District, at Reidsville, N. O., on 28 April, 1917. On tbe bearing it appeared tbat in January, 1917, tbe board of commissioners of Rockingham County, in meeting assembled, after reciting tbat it was necessary to build and improve tbe public roads of tbe county to bave and raise $200,000, and tbat said sum was required for tbe purpose and was a necessary expense thereto,…

1Opinion of the CourtHoke, J.

The Constitution, Art. Y, see. 1, provides, in effect, that for ordinary purposes the State and county tax combined shall in no case exceed the sum of $2 on the poll and 66% cents on the $100 valuation of property. So far as we are aware, and as to debts and obligations incurred since the provision was established, no departure from this limitation on the amount of taxation has been approved except when and to the extent required to maintain a four months school, as enjoined by Article IX, sec. 3, Collie v. Comrs., 145 N. C., 170, and except when- the tax is levied for a “special purpose and…

2Cases cited13 opinions

  1. Waite v. Santa CruzSupreme Court of the United States · 1902
  2. Dixon County v. FieldSupreme Court of the United States · 1884
  3. Collie v. Commissioners of Franklin CountySupreme Court of North Carolina · 1907
  4. Moose v. Board of CommissionersSupreme Court of North Carolina · 1916
  5. McCless v. MeekinsSupreme Court of North Carolina · 1895

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Mills v. Board of CommissionersSupreme Court of North Carolina · 1918
  2. Southern Railway Co. v. Cherokee CountySupreme Court of North Carolina · 1919
  3. Power Co. v. . Clay CountySupreme Court of North Carolina · 1938
  4. Kruesel v. CollinWashington Supreme Court · 1933
  5. Jones v. County Board of EducationSupreme Court of North Carolina · 1923

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