Legal Opinion · Dissent

Smith v. City of Wilmington

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 5 opinions

This was a civil actioN, in New HaNoveb, Superior Court, heard by Philips, Judge, at Chambers, on the 24th day of October, 1887. The action is brought by the plaintiffs, tax payers of the City of Wilmington, and all other like tax payers who shall join in the same and contribute to the costs thereof, against that City and the other defendants, who are the Mayor and Aldermen thereof, to contest the validity of an election held on the 11th day of August, 1887, in pursuance of…

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This was a civil actioN, in New HaNoveb, Superior Court, heard by Philips, Judge, at Chambers, on the 24th day of October, 1887. The action is brought by the plaintiffs, tax payers of the City of Wilmington, and all other like tax payers who shall join in the same and contribute to the costs thereof, against that City and the other defendants, who are the Mayor and Aldermen thereof, to contest the validity of an election held on the 11th day of August, 1887, in pursuance of an order made by the said last mentioned parties, in the said City “for the purpose of ascertaining the will of the…

1DissentSmith, C. J.

(Perry v. Whitaker, 71 N.C. 475; Southerland v. Goldsboro, 96 N.C. 49;Duke v. Brown, ibid., 127; McDowell v. Construction Co., ibid., 514, andWood v. Oxford, 97 N.C. 227, cited.) The action is brought by the plaintiffs, taxpayers of the city of Wilmington, and all other like taxpayers who shall join in the same and contribute to the costs thereof, against that city and the other defendants, who are the mayor and aldermen thereof, to contest the validity of an election held on 11 August, 1887, in pursuance of an order made by the said last mentioned parties, in the said city "for the purpose…

2Cases cited3 opinions

  1. Wood v. Town of OxfordSupreme Court of North Carolina · 1887
  2. Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
  3. Perry v. . WhitakerSupreme Court of North Carolina · 1874

3Cited by5 opinions

  1. Weber v. City of HelenaMontana Supreme Court · 1931
  2. Rigsbee v. Board of CommissionersSupreme Court of North Carolina · 1888
  3. Barbee v. Board of CommissionersSupreme Court of North Carolina · 1936
  4. R. R. v. . CommissionersSupreme Court of North Carolina · 1895
  5. Wilmington, Onslow & East Carolina Railroad v. Commissioners of Onslow CountySupreme Court of North Carolina · 1895

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