Swindell v. Town of Belhaven
Supreme Court of North Carolina
Appeal from restraining order rendered by Wheclbee, J.; at chambers, 23 November, 1916; from Beaueobt. This action is brought to enjoin the defendant town and its commissioners from issuing $60,000 in bonds, for the establishment of' a system of electric lights, water-works, and seweragé.
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Appeal from restraining order rendered by Wheclbee, J.; at chambers, 23 November, 1916; from Beaueobt. This action is brought to enjoin the defendant town and its commissioners from issuing $60,000 in bonds, for the establishment of' a system of electric lights, water-works, and seweragé. The defendant town has a population of 3,500 persons, and according to the findings of the board of commissioners it has no sufficient light system, so that it is frequently left in total darkness; it has no water supply system, in consequence of which its citizens suffer great loss and inconvenience; and…
1Opinion of the CourtReowN, J.
It is contended that there is no constitutional or statutory authority for the issue of the bonds. "We think there is both. It is well settled that under Art. VII, section 7, of the Constitution, counties, cities, and towns and other municipal corporations are given authority to contract debts for the necessary expenses thereof, without the sanction of a majority of the qualified voters. That section indirectly, but explicitly, permits the exercise by municipal corporations of the, power of making provision for necessary expenses, free from the restraints imposed in other cases. Connor and…
2Cases cited16 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Bramham v. City of DurhamSupreme Court of North Carolina · 1916
- Thrift v. . Elizabeth CitySupreme Court of North Carolina · 1898
- Evans v. Commissioners of CumberlandSupreme Court of North Carolina · 1883
- Mayo v. Commissioners of WashingtonSupreme Court of North Carolina · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williamson v. City of High PointSupreme Court of North Carolina · 1938
- Davis v. Lendir CountySupreme Court of North Carolina · 1919
- Ramsey v. RollinsSupreme Court of North Carolina · 1957
- Guilford County v. . Estates Administration Inc.Supreme Court of North Carolina · 1937
- McNeill v. Town of WhitevilleSupreme Court of North Carolina · 1923
3 more not listed; retrieve them via the Exa API.