Claybrook v. Board of Commissioners
Supreme Court of North Carolina
Civil action, tried before Bryan, J., and a jury, at January Term, 1895, of RocKINGHam Superior Court, and was brought for the purpose of contesting the validity of an election held on November 3rd, 1888, at the town of Stone-ville, in Rockingham comity, upon the subscription by said town of $5,000 to the capital stock of the Roanoke & Southern R. R. Company. The material facts 'appear in the opinion of Associate Justice Avery.
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Civil action, tried before Bryan, J., and a jury, at January Term, 1895, of RocKINGHam Superior Court, and was brought for the purpose of contesting the validity of an election held on November 3rd, 1888, at the town of Stone-ville, in Rockingham comity, upon the subscription by said town of $5,000 to the capital stock of the Roanoke & Southern R. R. Company. The material facts 'appear in the opinion of Associate Justice Avery. There was verdict and judgment for the defendants and plaintiffs appealed.
1Opinion of the Court
Avery, J.:
It seems that the main questions before us were virtually settled by the carefully considered opinion of Justice MacRae on the former appeal. Claybrook v. Commissioners, 114 N. C., 453. The suggestion then made was that in consequence of the failure of the board of county commissioners, after approving of the returns, to formally declare the result of the election, the plaintiff was left at liberty to impeach the validity of the bonds by showing that a majority of the qualified voters of the town of Stoneville did not vote in favor of the subscription. The parties agreed upon the…
2Cases cited4 opinions
- Rigsbee v. Town of DurhamSupreme Court of North Carolina · 1887
- Union Bank of Richmond v. Board of CommissionersSupreme Court of North Carolina · 1895
- Wilmington, Onslow & East Carolina Railroad v. Commissioners of Onslow CountySupreme Court of North Carolina · 1895
- Claybrook v. CommissionersSupreme Court of North Carolina · 1894
3Cited by10 opinions
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Sexton v. . Elizabeth CitySupreme Court of North Carolina · 1915
- Hill v. . SkinnerSupreme Court of North Carolina · 1915
- Debnam v. Chitty.Supreme Court of North Carolina · 1902
- Board of Commissioners v. C. N. Malone & Co.Supreme Court of North Carolina · 1920
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