Legal Opinion

Woodall v. Western Wake Highway Commission

Supreme Court of North Carolina

Decided November 6, 1918PublishedCited by 27 opinions

ActioN, tried before Stacy, J., and a jury, at June Term, 1918, of "Wake. This action was brought by the plaintiffs to enjoin the issuance of $130,000 of bonds, authorized by an election held on 27 February, 1917, pursuant to the provisions of chapter 68 of the Public-Local Laws of 1917, creating tbe Western Wake Highway District. The act provides that the bonds shall be issued if a majority of those voting at the election approve it.

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ActioN, tried before Stacy, J., and a jury, at June Term, 1918, of "Wake. This action was brought by the plaintiffs to enjoin the issuance of $130,000 of bonds, authorized by an election held on 27 February, 1917, pursuant to the provisions of chapter 68 of the Public-Local Laws of 1917, creating tbe Western Wake Highway District. The act provides that the bonds shall be issued if a majority of those voting at the election approve it. The act was duly passed in accordance with article 2, section 14, of the Constitution. It was a new registration, and 379 voters were registered at the two…

1Opinion of the Court

Walker, J.,

after stating the case: We will now discuss tfie exceptions urged by .the plaintiffs to the validity of the act and the election in the ■order we have stated them.

First. Is it necessary that the issuance of the bonds in question should be approved by a majority of all the qualified voters in tfie district ?

Tfie act under consideration provides that the bonds shall not be issued unless a majority of those in tfie district who are qualified and vote at tfie election shall decide in favor of them. Tfie answer to this ■question depends upon whether the improvement of tfie public roads…

2Cases cited30 opinions

  1. Brodnax v. GroomSupreme Court of North Carolina · 1870
  2. Jones v. Commissioners.Supreme Court of North Carolina · 1905
  3. White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
  4. Smith v. School Trustees.Supreme Court of North Carolina · 1906
  5. Columbus Mills v. WilliamsSupreme Court of North Carolina · 1850

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

3Cited by27 opinions

  1. Brown v. GrzeskowiakIndiana Supreme Court · 1951
  2. State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
  3. State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
  4. Hammond v. McRaeSupreme Court of North Carolina · 1921
  5. Plott v. . Comrs.Supreme Court of North Carolina · 1924

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

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