Rigsbee v. Board of Commissioners
Supreme Court of North Carolina
Elections— Voters — Evidence—Jurisdiction— Constitution— Statute — Canvassing Boards. This is a civil ACTION, which was tried before Merrimon, /., at January Term', 1888, of Durham Superior Court.
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Elections— Voters — Evidence—Jurisdiction— Constitution— Statute — Canvassing Boards. This is a civil ACTION, which was tried before Merrimon, /., at January Term', 1888, of Durham Superior Court. The plaintiff, a tax payer of the town of Durham, brought this action in behalf of himself and all other tax payers, &c., to contest the validity of the election held under and in pursuance of the statute (Acts 1887, ch. 86,) which, among other things, provides as follows: “Section 1. The Board of Commissioners of the town of Durham shall, and they are hereby authorized, to submit to the qualified…
1Opinion of the Court
MekrimoN, J.,
(after stating the case). The purpose of the legislature in enacting the statute (Acts 1887, Ch. 86,) to allow the town of Durham to have authority to levy an annual tax, as prescribed, for the support of public schools therein, if a majority of the qualified voters of that town should vote in favor of a proposition to that effect at an elec* tion directed to be held, is too apparent to admit of question.
That statute plainly declares the purpose and makes large provision, much in detail, for carrying it into practical effect. It provides that if a majority of the votes cast at…
2Cases cited3 opinions
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- Smith v. City of WilmingtonSupreme Court of North Carolina · 1887
3Cited by18 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- State v. . CooperSupreme Court of North Carolina · 1888
- Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
- Hill v. . SkinnerSupreme Court of North Carolina · 1915
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