Davenport v. . Board of Education
Supreme Court of North Carolina
AppEAi'by plaintiff from Lane, J., dissolving a temporary restraining order, March, 1922, from McDowell. This action was brought by the plaintiffs, as taxpayers of Oarlysle Special School Tax District in said county,, and inhabitants of said district whose children are entitled to school facilities therein, against the defendant to enjoin the unlawful diversion or misapplication of funds raised by taxation in the district for school purposes,' to the support of a high school…
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AppEAi'by plaintiff from Lane, J., dissolving a temporary restraining order, March, 1922, from McDowell. This action was brought by the plaintiffs, as taxpayers of Oarlysle Special School Tax District in said county,, and inhabitants of said district whose children are entitled to school facilities therein, against the defendant to enjoin the unlawful diversion or misapplication of funds raised by taxation in the district for school purposes,' to the support of a high school in Nebo District, adjoining Oarlysle District, and to require that they be used only for the schools in the latter…
1Opinion of the Court
Walker, J.,
after stating the case: If the plaintiffs had any equity in their case it was completely and categorically denied in the answer, which denial is fully sustained by the exhibits. We must assume that Judge Lane found such facts as would support his judgment, though there are no special findings set out in the case on appeal. Bowers v. Lumber Co., 152 N. C., 604. While we may review .findings of. fact in such cases, we will not reverse what are apparently the judge’s findings with good and sufficient ground for such action by him, but will adopt his view of the facts unless clearly…
2Cases cited8 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Lowery v. School Trustees.Supreme Court of North Carolina · 1905
- Bowers v. Bryan Lumber Co.Supreme Court of North Carolina · 1910
- Crawford v. . PearsonSupreme Court of North Carolina · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Moskin Bros. Inc. v. SwartzbergSupreme Court of North Carolina · 1930
- McInnish v. . Board of EducationSupreme Court of North Carolina · 1924
- School Committee of Seventy-First Consolidated School District v. Board of EducationSupreme Court of North Carolina · 1923
- Moore v. . Board of EducationSupreme Court of North Carolina · 1937
- Board of Education v. . ForrestSupreme Court of North Carolina · 1925
13 more not listed; retrieve them via the Exa API.