Commissioners of Surry County v. Wachovia Bank & Trust Co.
Supreme Court of North Carolina
Appeal by defendant from McElroy, Jat Chambers, 8 September,, 1919; from Subby. This is a controversy submitted upon an agreed statement of facts without action, in regard to $151,000 of Surry County road bonds which were awarded to the defendant at its bid of par and accrued interest, this bid being the highest bid submitted pursuant to the published notice of sale. The defendant afterwards declined to take the bonds, alleging they were unconstitutional.
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Appeal by defendant from McElroy, Jat Chambers, 8 September,, 1919; from Subby. This is a controversy submitted upon an agreed statement of facts without action, in regard to $151,000 of Surry County road bonds which were awarded to the defendant at its bid of par and accrued interest, this bid being the highest bid submitted pursuant to the published notice of sale. The defendant afterwards declined to take the bonds, alleging they were unconstitutional. The court sustained the validity of the bonds, and defendant appealed.
1Opinion of the Court
Clark, O. J.
On 3 March, 1919, the General Assembly ratified ch. 235, Public-Local Laws 1919, entitled “An act to create a highway commission for Surry County for the improvement of the public .roads.” This act created the Highway Commission of Surry County and among other provisions authorized, in sections 21, 22 and 23, the issuance of $500,000 of “Surry County good roads bonds” to be made payable at such times as the board of county commissioners may designate, not exceeding thirty years, and bearing interest not exceeding 5 per cent per annum, payable semi-annually, to carry out the…
2Cases cited7 opinions
- Commissioners of Johnston County v. LacySupreme Court of North Carolina · 1917
- Brown v. Road CommissionersSupreme Court of North Carolina · 1917
- Mills v. Board of CommissionersSupreme Court of North Carolina · 1918
- Southern Railway Co. v. Cherokee CountySupreme Court of North Carolina · 1919
- Commissioners of Bladen County v. BoringSupreme Court of North Carolina · 1918
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3Cited by6 opinions
- Armstrong v. Board of CommissionersSupreme Court of North Carolina · 1923
- Coble v. . Comrs.Supreme Court of North Carolina · 1922
- State v. . KellySupreme Court of North Carolina · 1923
- Day v. Commissioners of Yadkin CountySupreme Court of North Carolina · 1926
- Coble v. Commissioners of Guilford CountySupreme Court of North Carolina · 1922
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