Gill v. Board of Commissioners
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at July Term, 1912, of Waxe. Tbis action was brought by tbe plaintiffs to test tbe validity of an election beld in Wake Forest for tbe purpose of establishing a school district therein and levying a special tax for tbe support of tbe same, under Revisal, sec. 4115, which was amended by tbe Public Laws of 1909, ch. 525, and Public Laws of 1911, ch. 135, sec. 1. It provides that “Special school tax districts may be formed by tbe county…
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Appeal by defendant from Ferguson, J., at July Term, 1912, of Waxe. Tbis action was brought by tbe plaintiffs to test tbe validity of an election beld in Wake Forest for tbe purpose of establishing a school district therein and levying a special tax for tbe support of tbe same, under Revisal, sec. 4115, which was amended by tbe Public Laws of 1909, ch. 525, and Public Laws of 1911, ch. 135, sec. 1. It provides that “Special school tax districts may be formed by tbe county board of education in any county without regard to township lines under tbe following conditions: Upon a petition of…
1Opinion of the Court
Walkee., J.,
after stating tbe facts: Tbe first question for our consideration is, Can tbe plaintiffs now object tbat a sufficient number of qualified persons did not sign tbe petition for tbe election? We think, upon mature reflection and an examination of tbe authorities, tbat they can, as tbe jurisdiction, if we may so term it, of tbe board of education and tbe county commissioners • is dependent upon tbe presentation to them of .such a petition as is required by tbe statute, it being a condition precedent to tbe exercise of tbe particular authority conferred by tbe statute upon them. It…
2Cases cited26 opinions
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- Whittemore v. PeopleIllinois Supreme Court · 1907
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