Legal Opinion

Bunch v. Commissioners of Randolph County

Supreme Court of North Carolina

Decided May 28, 1912PublishedCited by 9 opinions

Appeal from Allen, J., at Spring Term, 1912, of EaNDOLph. Civil action beard on case agreed. Tbe action was instituted by W. A. Buncb, Esq., a citizen and taxpayer of Eandolpb County, to restraini tbe board of commissioners of said county from making a proposed appropriation of $3,500 out of tbe general county funds, in aid of tbe construction of a public-road tlirougb two or more townships of said county and extending from Ashboro, tbe county-seat, (to tbe Montgomery line.

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Appeal from Allen, J., at Spring Term, 1912, of EaNDOLph. Civil action beard on case agreed. Tbe action was instituted by W. A. Buncb, Esq., a citizen and taxpayer of Eandolpb County, to restraini tbe board of commissioners of said county from making a proposed appropriation of $3,500 out of tbe general county funds, in aid of tbe construction of a public-road tlirougb two or more townships of said county and extending from Ashboro, tbe county-seat, (to tbe Montgomery line. There was judgment restraining tbe appropriation, and defendants, tbe county commissioners, excepted and appealed.

1Opinion of the Court

Hoke, J.,

after stating the case: Under the Constitution and Public Laws of the State, except where changed by special enactments, the boards of county commissioners are given supervision and control of governmental matters in tbe several counties. Constitution, Art. VII, see. 2; Eevisal, sec. 1318 et seq., and, in addition to powers conferred generally throughout tbe Eevisal and, in more especial reference to tbe fiscal affairs of the county,section 1379 enacts: “Tbe board of commissioners is invested with full power to direct tbe application of all moneys arising by virtue of this chapter…

2Cases cited4 opinions

  1. State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
  2. Winslow v. . MortonSupreme Court of North Carolina · 1896
  3. State v. . R. R.Supreme Court of North Carolina · 1906
  4. Crocker v. Moore.Supreme Court of North Carolina · 1906

3Cited by9 opinions

  1. State v. . EppsSupreme Court of North Carolina · 1938
  2. State v. . R. R.Supreme Court of North Carolina · 1906
  3. State v. EppsSupreme Court of North Carolina · 1938
  4. State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
  5. McLean v. Durham County Board of ElectionsSupreme Court of North Carolina · 1942

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