Mitchell v. Board of Trustees of Township No. 8
Supreme Court of North Carolina
This was an APPLICATION for an injunction to restrain the defendants from collecting certain taxes, heard before Clarice, j., at Spring Term, 1874, of CraveN Superior Court.
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This was an APPLICATION for an injunction to restrain the defendants from collecting certain taxes, heard before Clarice, j., at Spring Term, 1874, of CraveN Superior Court. The plaintiffs, citizens and tax-payers of Township No. 8, of the county of Craven, applied to Judge Watts on the 24th January, 1874, for a restraining order to be directed to the defendants who were the Board of Trustees of said Township, enjoining the collection of certain taxes, which the plaintiffs alleged had been levied by the defenda’nts to pay certain extravagant bills, &c., under the pretence that such bills and…
1Opinion of the CourtReads, J.
At the time when the taxes complained of were-levied, the “Board of Trustees had power to lay and collect all' taxes which were required to defray the necessary expenses of the Township.” Acts 1868-’69, chap. 185, sec. 19 ; Bat. Rev-chap. 112, sec. 19. And having tho power, very much — almost, everything — must be left to the discretion of the Board to determine what were necessaries. It borders on the ridiculous-to ask the Courts to say whether $34 for office rent, $20 for a. book, $25 for a table, &c., &c., are necessary expenses. Such; things must usually be left to the Board. If they are…
2Cited by8 opinions
- Tucker v. City of RaleighSupreme Court of North Carolina · 1876
- Wilson v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1876
- Wallace v. Board of TrusteesSupreme Court of North Carolina · 1881
- State ex rel. Hudson v. Academy of ScienceMissouri Court of Appeals · 1883
- Starmount Co. v. Ohio Sav. Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1932
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