Duke v. . Brown
Supreme Court of North Carolina
MotioN to continué an injunction to the hearing, in a cause pending in the Superior Court of Durham county, heard before Clark, Judge, at Chambers, in Raleigh, on April 22d, 1886. His Honor refused the motion, and the plaintiff appealed. The facts appear in the opinion.
1Opinion of the CourtSmith, C. J.
In the recent case of Riggsbee v. Durham, 94 N. C., 800; it was held, that the enactment by the General Assembly for the maintenance of a graded school in the town of Durham (Acts of 1881, chap. 231), was unauthorized by, and in violation of the Constitution of the State, in its essential and connected provisions, and that the taxes contemplated by it could not be enforced. At the session of 1885, was passed an Act, which authorizes, upon an approving popular vote of a majority of those who may vote, the issue of bonds in the aggregate not exceeding $15,000; and the obtaining a loan upon them…
2Cases cited5 opinions
- Mayor v. RaySupreme Court of the United States · 1874
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
- Riggsbee v. . Town of DurhamSupreme Court of North Carolina · 1886
- Chester & Lenoir Narrow Gauge Railroad v. Commissioners of Caldwell CountySupreme Court of North Carolina · 1875
3Cited by18 opinions
- Metcalfe v. City of SeattleWashington Supreme Court · 1890
- In re DennyIndiana Supreme Court · 1901
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Cleveland Cotton Mills v. Commissioners of Cleveland CountySupreme Court of North Carolina · 1891
- Rigsbee v. Town of DurhamSupreme Court of North Carolina · 1887
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