Red Springs Hotel Co. v. Town of Red Springs
Supreme Court of North Carolina
Appeal from Garter, J., at November Term, 1911, of ROBESON. Tbis is a controversy, without action, submitted to the court under the provisions of section 803 of the Revisal of 1905. The board of commissioners of the town of Red Springs having declared by resolution that a system of waterworks and sewerage was an absolute and imperative public necessity for the town, an act was duly introduced in the Legislature of North Carolina, Session of 1911, authorizing said town to…
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Appeal from Garter, J., at November Term, 1911, of ROBESON. Tbis is a controversy, without action, submitted to the court under the provisions of section 803 of the Revisal of 1905. The board of commissioners of the town of Red Springs having declared by resolution that a system of waterworks and sewerage was an absolute and imperative public necessity for the town, an act was duly introduced in the Legislature of North Carolina, Session of 1911, authorizing said town to issue bonds to the amount of $35,000, bearing interest at a rate not exceeding 6 per cent, and maturing not later than…
1Opinion of the CourtBeowN, J.
The plaintiff bases its claim for injunctive relief upon five propositions:
1. That chapter 170 of the Private Laws of North Carolina', Session of 1911, was not enacted by the General Assembly in accordance with the provisions ‘of the Constitution of North' Carolina, and hence the town of Red Springs has no legal authority to issue said bonds or to collect any tax whatever on account thereof.
This contention cannot be sustained. A transcript of the entries upon the journals of both Houses of.the General Assembly are set out in the record and show that the “ayes” and “noes” were duly called and…
2Cases cited8 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Hightower v. City of RaleighSupreme Court of North Carolina · 1909
- Town of Lumberton v. John Nuveen & Co.Supreme Court of North Carolina · 1907
- Bradshaw v. City of High PointSupreme Court of North Carolina · 1909
- Jones v. City of New BernSupreme Court of North Carolina · 1910
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3Cited by12 opinions
- Coggins v. City of AshevilleSupreme Court of North Carolina · 1971
- In Re School District No. 6Michigan Supreme Court · 1938
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- Briggs v. City of RaleighSupreme Court of North Carolina · 1914
- City of Gastonia v. Citizens National BankSupreme Court of North Carolina · 1914
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