Young v. . Town of Henderson
Supreme Court of North Carolina
Practice — Judgment Against■ Municipal Corporation — ImpeaehmewC of — Taxation by City or Town — Extending^Streets Thereof — Charter of Town of Henderson. Civil Action, tried at a Special Term of Granville Superior Court, (held in. August, 1876,) before Seymour, J. The Commissioners of the Town of Henderson caused at street to be opened in said Town and for that purpose condemned a portion of the land belonging to one George B-Reavis.
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Practice — Judgment Against■ Municipal Corporation — ImpeaehmewC of — Taxation by City or Town — Extending^Streets Thereof — Charter of Town of Henderson. Civil Action, tried at a Special Term of Granville Superior Court, (held in. August, 1876,) before Seymour, J. The Commissioners of the Town of Henderson caused at street to be opened in said Town and for that purpose condemned a portion of the land belonging to one George B-Reavis. A committee of appraisers reported that the value -of the land so condemned was $50, which was tendered to and refused by said Reavis. The amount was then…
1Opinion of the CourtRodman, J.
The debt to Reavis was one which the Commissioners, independent of any statute to the contrary,-had power to contract. The expense of extending a street is of the class of necessary expenses, and being of that class, the corporate authorities alone were entitled to judge whether it was actually necessary or not. Wilson v. City of Charlotte, 74 N. C. 748, and cases there cited; Tucker v. City of Raleigh, 75 N. C. 267. But the charter of the town which is found in the Private ‘Acts of 1868-’9, ch. 79, § 22, enacts, “ That among the powers hereby conferred on the Commissioners,, they may borrow…
2Cases cited4 opinions
- Tucker v. City of RaleighSupreme Court of North Carolina · 1876
- Wilson v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1876
- French v. City of WilmingtonSupreme Court of North Carolina · 1876
- Weinstein v. Commissioners of the City of NewbernSupreme Court of North Carolina · 1874
3Cited by29 opinions
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Coley v. StateSupreme Court of North Carolina · 2006
- Bailey v. StateSupreme Court of North Carolina · 1991
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Redmond v. Commissioners of the Town of TarboroSupreme Court of North Carolina · 1890
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