Glenn v. . Wray
Supreme Court of North Carolina
Civil AotioN in nature of creditors’ bill to enjoin the payment of town bonds of Stoneville in aid of Roanoke and Southern Railway, issued under the Act of 1887, chap. 87, heard by consent before Starbuck, J., at Chambers, August 4, 1899, in case pending in RockiNgham Superior Court, Eall Term, 1899. The application was' placed upon the ground that the act authorizing the election was not passed in the mode required by the Constitution.
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Civil AotioN in nature of creditors’ bill to enjoin the payment of town bonds of Stoneville in aid of Roanoke and Southern Railway, issued under the Act of 1887, chap. 87, heard by consent before Starbuck, J., at Chambers, August 4, 1899, in case pending in RockiNgham Superior Court, Eall Term, 1899. The application was' placed upon the ground that the act authorizing the election was not passed in the mode required by the Constitution. His Honor ruled otherwise, and refused the injunction. Plaintiffs excepted and appealed. The opinion reviews the facts.
1Opinion of the CourtClark, J.
The plaintiffs are not estopped by the decision in Claybrook v. Commissioners, 117 N. C., 456. That was an action to impeach the validity of the bonds now in question, but upon the ground of irregularity in the election, and that alone. The decision therein is conclusive that the bonds are not invalid on that ground. The present action is to attack their validity upon the entirely different ground that the .act authorizing an election was not passed in the mode required by the Constitution. This was not within the scope of the litigation in Olaybrooh v. Commissioners, and has not been passed…
2Cases cited16 opinions
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Commissioners of Stanly County v. SnuggsSupreme Court of North Carolina · 1897
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
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3Cited by30 opinions
- Brown v. Road CommissionersSupreme Court of North Carolina · 1917
- Johnson v. City of Great FallsMontana Supreme Court · 1909
- Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
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