Legal Opinion

Story v. Board of Commissioners of Alamance County

Supreme Court of North Carolina

Decided November 8, 1922PublishedCited by 8 opinions

Appeal by plaintiff from Connor, J., at chambers, 4 October, 1922, from AlamaNCe. Controversy without action to enjoin the defendant from holding a special election within the corporate limits of the city of Burlington on. the question of issuing bonds on behalf of a school district.

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Appeal by plaintiff from Connor, J., at chambers, 4 October, 1922, from AlamaNCe. Controversy without action to enjoin the defendant from holding a special election within the corporate limits of the city of Burlington on. the question of issuing bonds on behalf of a school district. The following is a summary of the material “facts agreed.” 1. The members of the board of education were elected by the aider-men of the city pursuant to the provisions of Private Laws of 1907, ch. 341. 2. On 22 September, 1922, the board of education presented to the defendant a petition for an election to be…

1Opinion of the CourtAdams, J.

The purpose of the action is to enjoin the defendant from holding a special election in the city of Burlington on the question of issuing bonds for the benefit of the schools conducted in a school district which is coterminous with the corporate boundaries of the city. The order of the defendant authorizing the election was made pursuant to the provisions of an act passed by the Legislature at the Extra Session of 1920. Public Laws, Extra Session, 1920, ch. 87. The plaintiff contends that the order was ultra vires, and that any bonds issued as the result of the election would be invalid. His…

2Cases cited5 opinions

  1. State v. Perkins.Supreme Court of North Carolina · 1906
  2. Riggsbee v. . Town of DurhamSupreme Court of North Carolina · 1886
  3. State v. Davis.Supreme Court of North Carolina · 1901
  4. Markham v. . ManningSupreme Court of North Carolina · 1887
  5. Agricultural & Mechanical College v. LacySupreme Court of North Carolina · 1902

3Cited by8 opinions

  1. Spaugh v. City of CharlotteSupreme Court of North Carolina · 1954
  2. State v. . CalcuttSupreme Court of North Carolina · 1941
  3. Ivey v. North Carolina Prison DepartmentSupreme Court of North Carolina · 1960
  4. State v. LanceSupreme Court of North Carolina · 1956
  5. State v. CalcuttSupreme Court of North Carolina · 1941

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