Brodnax v. Groom
Supreme Court of North Carolina
Injunction, before Tourgee, J., November 27th. 1889, at Chambers, Rookingjia'm: Court. An order of restraint had been made'in the action by 'Watts, J., October 5th 1889, and the matter came before Judge Tourgee, upon a motion to vacate, made after due notice &c. The plaintiffs were tax payers, who sued for themselves and all other tax payers of the county ofRockingham, and the defendants were the commissioners of that county.
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Injunction, before Tourgee, J., November 27th. 1889, at Chambers, Rookingjia'm: Court. An order of restraint had been made'in the action by 'Watts, J., October 5th 1889, and the matter came before Judge Tourgee, upon a motion to vacate, made after due notice &c. The plaintiffs were tax payers, who sued for themselves and all other tax payers of the county ofRockingham, and the defendants were the commissioners of that county. The complaint sought an injunction against a tax alleged to have been levied by the defendants under an Act (1868-’69, c. 102, ratified April 1st 1869,) which provided,…
1Opinion of the CourtPeabson, C. J.
This is a proceeding by the plaintiffs, who are tax-payers, in behalf of themselves, and of the other tax-payers of the County of Bockingham, to call in question the validity of an Act of the General Assembly, which authorizes the County Commissioners so levy, a tax for •‘repairing and building bridges.”
His Honor, in the court below,- discharged the order of restraint, and the case is before us, by appeal from that ruling.
In Worth v. Comm’rs of Fayetteville, Win. Eq. 70, while entertaining a bill in the name of a few, for all, of the taxpayers, to enjoin the collection of the taxes of a…
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