Township Road Commission of No. 10 Township v. Board of Commissioners
Supreme Court of North Carolina
CONTROVERSY to determine the question whether defendants can be compelled to lay special township tax for road purposes, heard on case agreed before Bond, Jat June Term, 1919, of Edgecombe. The pertinent facts appearing in the case agreed are as follows: 1. That the township road commission of No. 10 Township is a corporate body, duly created and existing under and by virtue of the Public Laws of the State of North Carolina.
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CONTROVERSY to determine the question whether defendants can be compelled to lay special township tax for road purposes, heard on case agreed before Bond, Jat June Term, 1919, of Edgecombe. The pertinent facts appearing in the case agreed are as follows: 1. That the township road commission of No. 10 Township is a corporate body, duly created and existing under and by virtue of the Public Laws of the State of North Carolina. That the board of commissioners of Edgecombe County exercises control of the affairs of the county under and by virtue of the laws of North Carolina. 2. That on 17 April,…
1Opinion of the CourtHoke, J.
We concur in the ruling of his Honor that, on the facts ■appearing in the case agreed, the application of the plaintiff has been properly denied.
■ Whatever may have been the power of township boards in matters of municipal taxation existent under Art. VII of the Constitution, more especially in sections 3, 4, 5 and 6, they are subject to the provisions of section 14 of the same article to the effect that the “Legislature shall have full power by statute to modify, change or abrogate any and all provisions of the article” except sections 7, 9 and 13, these last having no bearing on the…
2Cases cited5 opinions
- Keith v. . LockhartSupreme Court of North Carolina · 1916
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Bennett v. Board of CommissionersSupreme Court of North Carolina · 1917
- Gregg v. Board of CommissionersSupreme Court of North Carolina · 1913
- Wittkowsky v. Board of CommissionersSupreme Court of North Carolina · 1908
3Cited by2 opinions
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925