Bramham v. City of Durham
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at January Civil Term, 1916, of DURHAM. Civil action beard on case agreed. Tbe action was instituted by plaintiff, a citizen and taxpayer of tbe city of Durham, to restrain tbe issuance of coupon bonds of tbe city for tbe purpose of construction and repair of streets and sidewalks of Dillard Street in said city, and without tbe approval of a majority of tbe qualified voters of tbe city cast at election held for tbe purpose.
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Appeal by defendant from Devin, J., at January Civil Term, 1916, of DURHAM. Civil action beard on case agreed. Tbe action was instituted by plaintiff, a citizen and taxpayer of tbe city of Durham, to restrain tbe issuance of coupon bonds of tbe city for tbe purpose of construction and repair of streets and sidewalks of Dillard Street in said city, and without tbe approval of a majority of tbe qualified voters of tbe city cast at election held for tbe purpose. On tbe question presented, there was judgment for plaintiff, and defendant excepted.
1Opinion of the CourtHohe, J.
From tbe facts agreed upon, it appeared that tbe General Assembly of 1915 enacted a statute, applicable in express terms to all municipalities of tbe State, establishing a scheme for local improve-' ments therein, including streets and sidewalks, tbe same to be originated by petition, etc., and authorizing tbe municipal authorities, under certain conditions, to issue bonds in payment of tbe city’s proportion of tbe improvement, termed “local improvement bonds,” and provide for payment of principal and interest by taxation on all tbe taxable property of tbe municipality. Public Laws 1915, ch.…
2Cases cited7 opinions
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- Rodgers v. United StatesSupreme Court of the United States · 1902
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