Legal Opinion

Jones v. Commissioners of Person County

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 45 opinions

This was a Civil action, tried before Graves, J., at Fall Term, 1889, of Person Superior Court. The statute (Acts 1885, ch. 842, §§ 8, 9, 10), entitled “An act to renew the charter of the Roxboro Railroad Company, and for other purposes,” provides that the county of Person, or any township in that county, may subscribe for the capital stock of said railroad company- — -that townships respectively may subscribe for such stock not exceeding in its par value the sum of $10,000,…

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This was a Civil action, tried before Graves, J., at Fall Term, 1889, of Person Superior Court. The statute (Acts 1885, ch. 842, §§ 8, 9, 10), entitled “An act to renew the charter of the Roxboro Railroad Company, and for other purposes,” provides that the county of Person, or any township in that county, may subscribe for the capital stock of said railroad company- — -that townships respectively may subscribe for such stock not exceeding in its par value the sum of $10,000, and “if a majority of all the votes cast (at an election to be held) shall be ‘ for subscription,’ as in the statute…

1Opinion of the CourtMbrrimoN, C. J.

after stating the facts: A chief purpose of this action is to contest the validity of the election mentioned in the pleadings, and if it should be adjudged valid and sufficient, then to contest the correctness of the result thereof as ascertained and declared by the defendants, and .to this aspect of the case our attention is first directed.

It is not questioned that the statute (Acts 1885, ch. 342) authorized and required the defendants to cause such elec tion to be held in the contingency provided for. It appears, we think, very clearly, from the evidence, that they purported to do so by…

2Cases cited17 opinions

  1. People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
  2. Wood v. Town of OxfordSupreme Court of North Carolina · 1887
  3. County of Calaveras v. BrockwayCalifornia Supreme Court · 1866
  4. French v. . Commissioners of New HanoverSupreme Court of North Carolina · 1876
  5. Boren v. SmithIllinois Supreme Court · 1868

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3Cited by45 opinions

  1. Commissioners of Johnston County v. LacySupreme Court of North Carolina · 1917
  2. Board of Trustees v. WebbSupreme Court of North Carolina · 1911
  3. Moose v. Board of CommissionersSupreme Court of North Carolina · 1916
  4. Southern Railway Co. v. Board of CommissionersSupreme Court of North Carolina · 1908
  5. Glenn v. . WraySupreme Court of North Carolina · 1900

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