Legal Opinion

Town of Kenilworth v. Hyder

Supreme Court of North Carolina

Decided April 17, 1929PublishedCited by 8 opinions

1Opinion of the CourtAdams, J.

Tbe plaintiffs allege tbat tbe tax complained, of was levied under Public-Local Laws 1927, cb. 249, and upon tbis allegation tbey base tbe contention tbat in determining tbe controversy we are restricted to a consideration of tbis act — a contention, however, in wbicb we do not concur. Tbey assail tbe whole chapter as unconstitutional, but allege tbat if it is valid tbey are not within its purview. Their allegations in effect make tbe act a part of tbe complaint and call for an examination of all its relevant provisions.

Tbe first and second sections authorize, ratify, approve, and confirm all…

2Cases cited17 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Houck v. Little River Drainage DistrictSupreme Court of the United States · 1915
  3. Myles Salt Co. v. Board of Comm'rs of Iberia and St. Mary Drainage Dist.Supreme Court of the United States · 1916
  4. McMillen v. AndersonSupreme Court of the United States · 1877
  5. Kelly v. PittsburghSupreme Court of the United States · 1881

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3Cited by8 opinions

  1. State v. . DixonSupreme Court of North Carolina · 1939
  2. State v. DixonSupreme Court of North Carolina · 1939
  3. Jamison v. City of CharlotteSupreme Court of North Carolina · 1954
  4. City of Asheville v. StateSupreme Court of North Carolina · 2016
  5. State Ex Rel. Dyer v. City of LeaksvilleSupreme Court of North Carolina · 1969

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