Lynchburg & Durham Railroad v. Board of Commissioners of Person County
Supreme Court of North Carolina
This was a civil action, tried upon April 13th, 1891, in Roxboro, PERSON County, before Boykin, J., at Chambers. The plaintiffs ask for a writ of mandamus to compel the defendants to issue six thousand dollars of bonds and deliver same to plaintiffs, on account of Mt. Tirzah Township in said county, and to accept for same sixty shares of stock in plaintiffs’ corporation.
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This was a civil action, tried upon April 13th, 1891, in Roxboro, PERSON County, before Boykin, J., at Chambers. The plaintiffs ask for a writ of mandamus to compel the defendants to issue six thousand dollars of bonds and deliver same to plaintiffs, on account of Mt. Tirzah Township in said county, and to accept for same sixty shares of stock in plaintiffs’ corporation. To entitle them to the relief asked, they allege the following facts: That plaintiff is a corporation, having succeeded to all the rights and franchises of the once existing Roxboro Railroad Company, to which said company,…
1Opinion of the Court
Cr.A-R.Tr, J.:
It has been settled in this State, by numerous decisions, that a majority of the qualified or registered voters, and not merely of those voting, is necessary to enable a municipal corporation to loan its credit or contract a debt, under the provisions of Art. 7, § 7 of Constitution; Southerland v. Goldsboro, 96 N. C., 49; Duke v. Brown, 96 N. C., 127; Markham v. Manning, 96 N. C., 132; McDowell v. Construction Co., 96 N. C., 514; Wood v. Oxford, 97 N. C., 227; Riggsbee v. Durham, 98 N. C., 81; Riggsbee v. Durham, 99 N. C., 841.
The plaintiff, who applies for a mandamus to compel…
2Cases cited6 opinions
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- Rigsbee v. Town of DurhamSupreme Court of North Carolina · 1887
- Duke v. . BrownSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Glenn v. . WraySupreme Court of North Carolina · 1900