Eaton v. Mooresville Graded School
Supreme Court of North Carolina
Appeal by plaintiffs from Bryson, J., at May Term, 1922, of Davie. Civil action to restrain tbe defendants from levying and collecting a special school tax in Mocksville School District, and to test the validity of a proposed bond issue, upon the alleged ground that the election, under which said tax and bonds were approved by a majority of the qualified voters resident within the district, was illegally held, and is therefore void.
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Appeal by plaintiffs from Bryson, J., at May Term, 1922, of Davie. Civil action to restrain tbe defendants from levying and collecting a special school tax in Mocksville School District, and to test the validity of a proposed bond issue, upon the alleged ground that the election, under which said tax and bonds were approved by a majority of the qualified voters resident within the district, was illegally held, and is therefore void. From an order denying the application for injunctive relief, plaintiffs appealed.
1Opinion of the CourtStagy, J.
The election in question was held on 6 September, 1921. A few days thereafter, Dr. A. Z. Taylor, a resident and taxpayer of the Mocksville School District, instituted an action to enjoin the issuance of the bonds and the levy of the special tax, mentioned in the present complaint, and for the purpose of having the election here contested declared illegal and void. The purposes of the Taylor suit were identical with those in the present case. There was a final judgment rendered in the Taylor case declaring the election to be legal and valid in all respects, and directing the proper authorities…
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