Mayo v. Commissioners of Washington
Supreme Court of North Carolina
Civil action brought at Fall Term, 1897, of Beaufort Superior Court to enjoin the issue of bonds of the town of Washington for the erection of an electric light plant, and heard before Brown, J., at Chambers in Washington, N. C., on September 4, 1897. His Honor refused the injunction and plaintiff appealed.
1DissentClark, J.
It would seem that these propositions are established and settled in North Carolina: (1) That it is the duty of the town commissioners to light the town (Smith v. Goldsboro, 121 N. C., 350) and hence it follows that the cost of such lighting is a necessary expense; (2) That it is “for the courts to determine what class of- expenditures fall within the definition of necessary expenses of a municipal corporation”, and that when an expenditure falls within that class, the courts “have no authority to control the exercise of the discretionary power vested in the commissioners” either as to the…
2Cases cited23 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- City of Crawfordsville v. BradenIndiana Supreme Court · 1891
- Smith v. City of GoldsboroSupreme Court of North Carolina · 1897
- Evans v. Commissioners of CumberlandSupreme Court of North Carolina · 1883
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