Legal Opinion

Riddle v. Cumberland County

Supreme Court of North Carolina

Decided November 10, 1920PublishedCited by 6 opinions

Appeal by plaintiffs from Guión, J., at Fall Term, 1920, of Cumber-LAND. Tbe action was brought to enjoin tbe levy of a school tax in Gray’s Creek Township. A restraining order was granted, and the cause came on before Judge Guión for final hearing, whereupon, after considering tbe evidence and finding tbe facts, tbe judge dissolved tbe restraining order and directed tbe commissioners to proceed witb tbe levy of tbe tax.

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Appeal by plaintiffs from Guión, J., at Fall Term, 1920, of Cumber-LAND. Tbe action was brought to enjoin tbe levy of a school tax in Gray’s Creek Township. A restraining order was granted, and the cause came on before Judge Guión for final hearing, whereupon, after considering tbe evidence and finding tbe facts, tbe judge dissolved tbe restraining order and directed tbe commissioners to proceed witb tbe levy of tbe tax. Tbe following facts were found by tbe judge: “Tbis cause coming on to be beard at tbe time and place agreed on by counsel for tbe bearing under tbe restraining order…

1Opinion of the Court

"Walker, J.,

after stating tbe case: It is provided by statute tbat special-tax districts may be formed by the county board of education in any county, without regard to township lines under tbe conditions which are therein set forth. Consol. Statutes, sec. 5526. Those conditions refer altogether to tbe levy of a tax to provide a supplementary fund for tbe support of schools in tbe district, and this tax is not to be levied unless approved by a majority of voters at an election to be held to ascertain tbe will of tbe people, residing in tbe proposed district, with regard to it. Machinery is…

2Cases cited14 opinions

  1. Commissioners of Johnston County v. LacySupreme Court of North Carolina · 1917
  2. State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889
  3. People ex rel. Akin v. MattesonIllinois Supreme Court · 1855
  4. Briggs v. City of RaleighSupreme Court of North Carolina · 1914
  5. Hill v. . SkinnerSupreme Court of North Carolina · 1915

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3Cited by6 opinions

  1. Hicks v. Board of EducationSupreme Court of North Carolina · 1922
  2. Reade v. . DurhamSupreme Court of North Carolina · 1917
  3. R. R. v. . CommissionersSupreme Court of North Carolina · 1895
  4. Faison v. . CommissionersSupreme Court of North Carolina · 1916
  5. Williams v. SherwoodNorth Dakota Supreme Court · 1924

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