Commissioners of Hendersonville v. C. A. Webb & Co.
Supreme Court of North Carolina
ActioN beard on case agreed and by consent of parties, before Ward, Jon 11 May, 1908, from PuNcombe. The facts are stated as follows: 1. That'heretofore the plaintiffs, by a resolution duly and legally adopted, decided that it was necessary and for the good of the town of Hendersonville that certain sidewalks of said town he rebuilt and repaired and laid in cement, and that, in order to secure the money to defray the cost of the same, said town, under and by virtue of its…
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ActioN beard on case agreed and by consent of parties, before Ward, Jon 11 May, 1908, from PuNcombe. The facts are stated as follows: 1. That'heretofore the plaintiffs, by a resolution duly and legally adopted, decided that it was necessary and for the good of the town of Hendersonville that certain sidewalks of said town he rebuilt and repaired and laid in cement, and that, in order to secure the money to defray the cost of the same, said town, under and by virtue of its charter and the amendments thereof, and of section 2930 of the Eevisal of 1905, and especially under sections 1 and 6 of…
1Opinion of the Court
Hoke, J.,
after stating the facts: The decisions of this State sanction the position that the cost of maintaining the streets to the extent and in the manner required for the well ordering and good government of a town is a necessary expense, and that an indebtedness incurred for such a purpose does not come under the prohibition of section V, Article VII of the Constitution, which forbids a municipality to contract a debt, pledge its faith or loan its credit, etc., except for the necessary expenses thereof, without a vote of the people. Fawcett v. Mt. Airy, 134 N. C., 125. And when the power…
2Cases cited4 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Robinson v. Goldsboro.Supreme Court of North Carolina · 1904
- Wadsworth v. Concord.Supreme Court of North Carolina · 1903
- Johnston v. Board of CommissionersSupreme Court of North Carolina · 1872
3Cited by27 opinions
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Town of Hendersonville v. JordanSupreme Court of North Carolina · 1908
- Spitzer v. . Comrs.Supreme Court of North Carolina · 1924
- Sidney Spitzer & Co. v. Commissioners of Franklin CountySupreme Court of North Carolina · 1924
- Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
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