Legal Opinion

Board of Education v. Board of Commissioners

Supreme Court of North Carolina

Decided December 7, 1921PublishedCited by 4 opinions

Appeal by defendant from Lane, J., at chambers, 29 September, 1921, from YadkiN. Civil action in tbe nature of a proceeding for a writ of mandamus, brought under C. S., 5488, to compel the defendant board of commissioners to levy a special school tax of 41 cents on the $100 assessed valuation of the taxable properties and polls in Yadkin County for the year 1921; it being alleged that such rate is necessary to make provision for a teachers’ salary fund and to maintain a six…

Read the full summary

Appeal by defendant from Lane, J., at chambers, 29 September, 1921, from YadkiN. Civil action in tbe nature of a proceeding for a writ of mandamus, brought under C. S., 5488, to compel the defendant board of commissioners to levy a special school tax of 41 cents on the $100 assessed valuation of the taxable properties and polls in Yadkin County for the year 1921; it being alleged that such rate is necessary to make provision for a teachers’ salary fund and to maintain a six months school term in said county, as required by Art. IX, sec. 3, of the Constitution. From a judgment granting the…

1Opinion of the CourtStacy, J.

The defendant’s first exception is directed to the constitutionality of the statute under which this proceeding is instituted, to wit, C. S., 5488. The act is assailed upon the ground that where issues of fact are raised by the pleadings and the findings of the judge are made conclusive, the right of trial by jury is thereby denied. We do not think the statute is repugnant to Art. I, sec. 19, of the Constitution, which provides that “in all controversies at law respecting property the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain…

2Cases cited2 opinions

  1. In Re Applicants for LicenseSupreme Court of North Carolina · 1906
  2. Board of Education v. Board of County CommissionersSupreme Court of North Carolina · 1917

3Cited by4 opinions

  1. In Re May Budget of the Board of EducationSupreme Court of North Carolina · 1924
  2. Whiteville City Administrative Unit v. Columbus County Board of County CommissionersSupreme Court of North Carolina · 1960
  3. Wilson County Board of Education v. Wilson County Board of CommissionersCourt of Appeals of North Carolina · 1975
  4. Coble v. Commissioners of Guilford CountySupreme Court of North Carolina · 1922

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API