Wilmington v. Bryan
Supreme Court of North Carolina
ActioN by tbe City of Wilmington against E. K. Bryan, beard by Judge W. R. Allen, at tbe October Term, 1905, of the Superior Court of New Hanover, upon the' referee’s report. From a judgment for the' defendant, the plaintiff appealed.
1ConcurrenceBrown, J.
I concur fully in all that is so well said in the opinion of the court in this case.
1. The contract which defendant claims has been violated by plaintiff, and for the breach of which defendant claims damages by way of counterclaim, was entered into by plaintiff *674by legislative authority. Acts 1895, chap. 182. Without such act it had no power to make the contract, but must pursue the remedies provided in its charter for the collection of al] taxes which had been levied for municipal purposes. Gatling v. Commissioners, 92 N. C., 540; Cooley on Taxation, pp. 15 and 16. When Sutton and his…
2Cases cited3 opinions
- Gatling v. . Commissioners of CarteretSupreme Court of North Carolina · 1885
- Wallace v. Board of TrusteesSupreme Court of North Carolina · 1881
- City of Waterbury v. LawlorSupreme Court of Connecticut · 1883