Board of Commissioners v. Pruden
Supreme Court of North Carolina
Civil actiow, tried before Webb, J., upon, a case agreed, in the Superior Court of Wilkes, 27 May, 1919. The action was brought to test the validity of certain bonds, to the amount of two hundred and seventy-five thousand dollars, which have been issued, and contracted to be sold to defendants, by the county of Wilkes, for the purpose of constructing public roads in the said county.
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Civil actiow, tried before Webb, J., upon, a case agreed, in the Superior Court of Wilkes, 27 May, 1919. The action was brought to test the validity of certain bonds, to the amount of two hundred and seventy-five thousand dollars, which have been issued, and contracted to be sold to defendants, by the county of Wilkes, for the purpose of constructing public roads in the said county. Public Local Laws 1915, eh. 345, authorized that county to issue bonds to an amount not exceeding five hundred thousand dollars for the purpose of “grading, building, and constructing public roads there, . . . and…
1Opinion of the Court
Walker, J.,
after stating tbe facts, as above: Tbe particular contention of tbe defendant is tbat tbe acts of 1919 are in violation of tbe Constitution, Art. II, sec. 29, wbicb prohibits tbe enactment of “any local, private, or special act . . . authorizing tbe laying out, ojjening, altering, or discontinuing of highways,” but we are of tbe opinion tbat this is a misconception of tbe object and purpose of those laws. It was not intended to require tbe local authorities to lay out, open, alter, or discontinue any road or highway, but they were passed by tbe Legislature for the purpose of…
2Cases cited6 opinions
- Sugar Notch BoroughSupreme Court of Pennsylvania · 1899
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Brown v. Road CommissionersSupreme Court of North Carolina · 1917
- Mills v. Board of CommissionersSupreme Court of North Carolina · 1918
- Parvin v. Board of CommissionersSupreme Court of North Carolina · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McIntyre v. ClarksonSupreme Court of North Carolina · 1961
- Board of Managers of the James Walker Memorial Hospital v. City of WilmingtonSupreme Court of North Carolina · 1953
- Coble v. . Comrs.Supreme Court of North Carolina · 1922
- In Re HarrisSupreme Court of North Carolina · 1922
- State v. . KellySupreme Court of North Carolina · 1923
9 more not listed; retrieve them via the Exa API.