Hill v. Commissioners of Forsythe County
Supreme Court of North Carolina
Motion to vacate an injunction, heard before Cloud, J’., at -Term of Forsythe Superior Conrt. This was an application on the part of the plaintiffs, who represented themselves as tax payers and property holders of the county of Forsythe, in behalf of themselves and others, asking for an injunction against the defendants, to restrain them from the imposition and collection of certain taxes, to pay instalments due upon a subscription made by the county of ForS3’the to the…
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Motion to vacate an injunction, heard before Cloud, J’., at -Term of Forsythe Superior Conrt. This was an application on the part of the plaintiffs, who represented themselves as tax payers and property holders of the county of Forsythe, in behalf of themselves and others, asking for an injunction against the defendants, to restrain them from the imposition and collection of certain taxes, to pay instalments due upon a subscription made by the county of ForS3’the to the North Western N orth Carolina Railroad Company. The following facts were found by the presiding Judge. “A majority oí the…
1Opinion of the CourtReade, J.
The main question is, whether the Legislature has the power to authorize the people ©f a county to take stock in a railroad, and to determine the question by a popular vote, and to tax themselves to pay for it. The Legislature in 1852 authorized the town of Newborn .to take stock in the Neuee River Navigation Company, for the use of the town, and to issue bonds, and to levy a tax upon the property holders of the town to pay them. One of the tax payers filed a bill to enjoin the collection ot the tax, upon the ground that the act of the Legislature was unconstitutional. The question was fully…
2Cited by12 opinions
- Wilkes County v. ColerSupreme Court of the United States · 1901
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
- Evans v. Commissioners of CumberlandSupreme Court of North Carolina · 1883
- Commissioners of Wilkes County v. CallSupreme Court of North Carolina · 1898
- Cottrell v. . LenoirSupreme Court of North Carolina · 1917
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