Dickson v. Brewer
Supreme Court of North Carolina
CONTROVERSY submitted without action, from- WaKE. Appeal by plaintiff from Brewer, J., 23 September, 1920. This is an action to prevent the collection of a tax, alleged to be invalid, heard on the following agreed statement of facts: “1. That the Legislature, at its Session of 1913, passed an act entitled ‘An act to incorporate Wake Forest Graded School District.’ “2. That at its Session in 1919 the Legislature, by an act, being chapter 3, Private Laws of 1919, attempted to…
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CONTROVERSY submitted without action, from- WaKE. Appeal by plaintiff from Brewer, J., 23 September, 1920. This is an action to prevent the collection of a tax, alleged to be invalid, heard on the following agreed statement of facts: “1. That the Legislature, at its Session of 1913, passed an act entitled ‘An act to incorporate Wake Forest Graded School District.’ “2. That at its Session in 1919 the Legislature, by an act, being chapter 3, Private Laws of 1919, attempted to amend the said chapter 376 of Private Laws of 1919, same being the charter-of the Wake Forest School District, by…
1Opinion of the CourtAlleN, J.
School districts, incorporated by act of the General Assembly, are public municipal corporations, and as such come under the provisions of Article VII of the Constitution, entitled “Municipal corporations” (see Smith v. School Trustees, 141 N. C., 150, where the question is fully discussed. Also Williams v. Comrs., 176 N. C., 557), and not under Article VIII, which “Is entitled “Corporations other than municipal,’ and section 1 would seem clearly to have reference to private or business corporations, and does not refer to public or quasi-public corporations acting as governmental agencies.”…
2Cases cited3 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Mills v. Board of CommissionersSupreme Court of North Carolina · 1918
- Williams v. County CommissionersSupreme Court of North Carolina · 1918
3Cited by8 opinions
- In Re Annexation Ordinances Nos. 866-870, Etc.Supreme Court of North Carolina · 1961
- Webb v. . Port CommissionSupreme Court of North Carolina · 1934
- Brumley v. . BaxterSupreme Court of North Carolina · 1945
- Brumley v. BaxterSupreme Court of North Carolina · 1945
- Davis v. County Board of EducationSupreme Court of North Carolina · 1923
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