Legal Opinion

Ellison v. Town of Williamston

Supreme Court of North Carolina

Decided March 9, 1910PublishedCited by 15 opinions

Appeal from Coohe, J., at December Term, 1909, of Mabtibt. Civil action, beard on return to a preliminary restraining order.

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Appeal from Coohe, J., at December Term, 1909, of Mabtibt. Civil action, beard on return to a preliminary restraining order. On tbe bearing it was made to appear that on 15 September, 1909, tbe town authorities bad formally passed tbe following resolutions: “Whereas, experience has demonstrated tbe necessity for providing a system of lighting tbe streets of said town, and that all experiments herebefore made to do so have proved unsuccessful; and whereas, upon careful investigation, tbe board has ascertained that an electiic light plant can be installed of sufficient capacity to furnish…

1Opinion of the Court

Hoke, J.,

after stating the case: Chapter 146, Private Laws of 1907, this being the statute more directly applicable to the question presented, after conferring on the Town Commissioners of 'Williamston “the power, if they deemed best, to submit to the voters of the town a proposition to issue bonds in the amount of $10,000 for the purpose of building a town hall,” contains the following provision:

"Provided fwrth&r, that if the commissioners shall desire to hold similar elections for the issue of bonds or to borrow money for any municipal improvements, as electric lights, sewerage, waterworks…

2Cases cited9 opinions

  1. Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
  2. Robinson v. Goldsboro.Supreme Court of North Carolina · 1904
  3. Wadsworth v. Concord.Supreme Court of North Carolina · 1903
  4. Commissioners of Hendersonville v. C. A. Webb & Co.Supreme Court of North Carolina · 1908
  5. Burgin v. . SmithSupreme Court of North Carolina · 1909

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3Cited by15 opinions

  1. Board of Trustees v. WebbSupreme Court of North Carolina · 1911
  2. Purser v. LedbetterSupreme Court of North Carolina · 1946
  3. Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
  4. Brown v. Town of HillsboroSupreme Court of North Carolina · 1923
  5. Kinston v. . R. R.Supreme Court of North Carolina · 1922

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