Fletcher v. . Comrs. of Buncombe

DEVIN and WINBORNE, JJ., concur in dissent. Plaintiff, on behalf of himself and other taxpayers of Sand Hill Consolidated School District of Buncombe County like situated, brought this action against the Board of County Commissioners for Buncombe County to restrain the issue of certain bonds by the defendants in behalf of the school district named.

The case was heard before Judge Warlick, without the intervention of a jury, upon an agreed statement of facts, as follows:

"It is hereby agreed by and between counsel representing the plaintiff and counsel representing the defendants that the…