Edwards v. Nash County Board of Commissioners
Supreme Court of North Carolina
Appeal from an order dissolving a restraining order, beard by Allen, J., at chambers, 20 December, 1921, from Nash. Civil action permanently to enjoin defendant from levying road tax in Nash County, and from increasing road tax in Manning’s Township in said county. On 1 December, 1921, a temporary restraining order was granted, and on 20 December it was dissolved. Plaintiff appealed.
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Appeal from an order dissolving a restraining order, beard by Allen, J., at chambers, 20 December, 1921, from Nash. Civil action permanently to enjoin defendant from levying road tax in Nash County, and from increasing road tax in Manning’s Township in said county. On 1 December, 1921, a temporary restraining order was granted, and on 20 December it was dissolved. Plaintiff appealed. There were two alleged causes of action: 1. Plaintiff contends that in 1921 defendant levied a tax of ten cents on each $100 in value of property in Nash County, wbicb was unconstitutional for the reason that.…
1Opinion of the CourtAdams, J.
The appeal involves the legal integrity or soundness of the two propositions on which the plaintiff relies. The first is this: Whatever the legislative intent may have been, the act passed by the General Assembly at the special session of 1921 is not legally sufficient to validate the levy which was made by the defendant for that year by virtue of chapter 496 of the Public-Local Laws of 1919. And the second: The act (Public-Local Laws 1919, eh. 245) amending chapter 220 of the Public-Local Laws of 1913 was not passed as required by Art. II, sec. 14, of the Constitution of North Carolina. We…
2Cases cited8 opinions
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
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- Leak v. . GaySupreme Court of North Carolina · 1890
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- Harrison v. . BryanSupreme Court of North Carolina · 1908
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