Legal Opinion

Rodman v. Town of Washington

Supreme Court of North Carolina

Decided May 17, 1898PublishedCited by 27 opinions

Civil actior instituted by the plaintiff in the Superior Court of Beaufort County to restrain the defendants from collecting a tax levied under the provisions of Chapter 343, Acts of 18 97, for the support of graded schools in the town of Washington.

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Civil actior instituted by the plaintiff in the Superior Court of Beaufort County to restrain the defendants from collecting a tax levied under the provisions of Chapter 343, Acts of 18 97, for the support of graded schools in the town of Washington. A temporary restraining order was granted by Broion, J., on the 12th day of October, 1897, and was by consent transferred to and heard before Bryan, J., at Chambers in Greenville, N. C., on the 13th January, 1898, who rendered judgment restraining the taxes referred to in the affidavit of plaintiff, and defendants appealed. The affidavit, among…

1Opinion of the Court

Ftjrches, J.:

The plaintiff, a citizen and tax-payer of the town of Washington, brings this action to restrain the defendant from collecting certain taxes levied for school purposes under an Act of the General Assembly of North Carolina, being Chapter 348, Acts of 1897. This Act in terms authorizes the defendant to levy and collect a special tax, for school purposes, over and above the constitutional limitation. And under the provisions of said Act the defendant has levied and is proceeding to collect 20 cents on the $100 of taxable property and (10 cents on the taxable polls within the…

2Cases cited5 opinions

  1. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  2. Commissioners of Stanly County v. SnuggsSupreme Court of North Carolina · 1897
  3. Russell v. AyerSupreme Court of North Carolina · 1897
  4. City of Charlotte v. ShepardSupreme Court of North Carolina · 1897
  5. Gamble v. . McCradySupreme Court of North Carolina · 1876

3Cited by27 opinions

  1. Wilkes County v. ColerSupreme Court of the United States · 1901
  2. Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
  3. Purser v. LedbetterSupreme Court of North Carolina · 1946
  4. Black v. CommissionersSupreme Court of North Carolina · 1901
  5. State Ex Rel. Greene v. OwenSupreme Court of North Carolina · 1899

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