Legal Opinion · Dissent

Edgerton v. Goldsboro Water Co.

Supreme Court of North Carolina

Decided March 6, 1900PublishedCited by 9 opinions

Civtu ActioN for an injunction order to enjoin the payment by the city authorities of Goldsboro of a claim of The Goldsboro Water Company, for water supply furnished, under contract, to the city, pending in the Superior Court of WayNe County, and heard before ’Robinson, J., at Chambers in Goldsboro, on January 9, 1900. The plaintiff, as taxpayer, claimed that the furnishing of a water supply to the city was not a necessary expense, and was not incurred with the sanction o'f…

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Civtu ActioN for an injunction order to enjoin the payment by the city authorities of Goldsboro of a claim of The Goldsboro Water Company, for water supply furnished, under contract, to the city, pending in the Superior Court of WayNe County, and heard before ’Robinson, J., at Chambers in Goldsboro, on January 9, 1900. The plaintiff, as taxpayer, claimed that the furnishing of a water supply to the city was not a necessary expense, and was not incurred with the sanction o'f a popular vote, as required by the Constitution, Art. VII, sec. 1. The def endants claimed that it was a necessary…

1DissentClark, J.

The plaintiff, as a taxpayer, claimed that the furnishing of a water supply to the city was not a necessary expense, and was not incurred with the sanction of a popular vote, as required by the Constitution, Art. VII, sec. 7.

The defendants claimed that it was a necessary expense, and authorized and required by the city charter.

His Honor continued the temporary restraining order until the final hearing. Defendants excepted and appealed. The plaintiff is a citizen and taxpayer of the city of Goldsboro, and brings this action to enjoin and restrain the city authorities from paying the defendant,…

2Cases cited10 opinions

  1. Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
  2. Commissioners of Stanly County v. SnuggsSupreme Court of North Carolina · 1897
  3. Smith v. City of NewbernSupreme Court of North Carolina · 1874
  4. State v. . WebberSupreme Court of North Carolina · 1890
  5. Smith v. City of GoldsboroSupreme Court of North Carolina · 1897

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Oklahoma News Co. v. RyanSupreme Court of Oklahoma · 1924
  2. Carpenter v. Reliance Realty Co.Missouri Court of Appeals · 1903
  3. Henderson Water Co. v. Trustees of Henderson Graded SchoolsSupreme Court of North Carolina · 1909
  4. Swindell v. Town of BelhavenSupreme Court of North Carolina · 1917
  5. Gilbert v. FisherSupreme Court of Oklahoma · 1924

4 more not listed; retrieve them via the Exa API.

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