Rodman-Heath Cotton Mills v. Town of Waxhaw
Supreme Court of North Carolina
ActioN by the Rodman-Heath Cotton Mills against the Town of Waxhaw, heard by Judge W. 8. O’B. Robinson, at Chambers, on April 3, 1901. Erom a judgment for the defendant, the plaintiff appealed.
1Opinion of the Court
This is an action to enjoin the defendant from selling certain property belonging to the plaintiff, seized for nonpayment of taxes, and to further enjoin the defendant from collecting any taxes under its present charter, on the ground that said charter was not passed in accordance with the provisions of section 14 of Article II of the Constitution.
It being admitted that the said charter (Private Laws 1889, ch. 119) was not so passed, it becomes a question of law as to the necessity of such a compliance. We see no reason why cities and towns may not be incorporated by an act passed in the…
2Cases cited10 opinions
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Carr v. CokeSupreme Court of North Carolina · 1895
- Commissioners of Stanly County v. SnuggsSupreme Court of North Carolina · 1897
- City of Charlotte v. ShepardSupreme Court of North Carolina · 1898
- Thrift v. . Elizabeth CitySupreme Court of North Carolina · 1898
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3Cited by15 opinions
- Lowery v. School Trustees.Supreme Court of North Carolina · 1905
- Lutterloh v. City of FayettevilleSupreme Court of North Carolina · 1908
- Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
- State v. SchleiferSupreme Court of Connecticut · 1923
- Brunswick-Balke-Collender Co. v. Mecklenburg CountySupreme Court of North Carolina · 1921
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