Union Bank of Richmond v. Board of Commissioners
Supreme Court of North Carolina
PetitioN for Mandamus, beard before Hohe, J., and a jury, at November Term, 1894, of Granville Superior Court. Tbe Court at tlie close of evidence and after argument, having intimated an opinion that on the evidence, if believed, plaintiff could not recover, and that he would charge the jury, if they believed the evidence, they should answer second issue “No.” That the bonds were issued without authority and plaintiff was affected with notice.
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PetitioN for Mandamus, beard before Hohe, J., and a jury, at November Term, 1894, of Granville Superior Court. Tbe Court at tlie close of evidence and after argument, having intimated an opinion that on the evidence, if believed, plaintiff could not recover, and that he would charge the jury, if they believed the evidence, they should answer second issue “No.” That the bonds were issued without authority and plaintiff was affected with notice. In deference to the opinion the plaintiffs submitted to a non-suit and appealed. Notice waived and appeal bond fixed at one hundred dollars. The bond…
1Opinion of the CourtAvery, J.
(after stating the facts): If an action had been brought by a tax-payer of the town of Oxford to enjoin the issue of bonds in payment of its subscription to The Oxford & Coast Line Railroad Company, any final judgment upon the merits would have operated as an estoppel, both upon other tax-payers of the town and the municipality itself. 2 Black on Judgments, Sec. 584. In two actions brought by that company against the mayor and commissioners of Oxford, asking for mandamus to compel the issuing of a subscription of forty thousand dollars in bonds to the capital stock of the company, in -which a…
2Cases cited16 opinions
- Brenham v. German American BankSupreme Court of the United States · 1892
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Baillie Lumber Co. v. Kincaid Carolina Corp.Court of Appeals of North Carolina · 1969
- Current v. . WebbSupreme Court of North Carolina · 1941
- Clinard v. Town of KernersvilleSupreme Court of North Carolina · 1940
7 more not listed; retrieve them via the Exa API.