Board of Education of Buncombe County v. Bray Bros.
Supreme Court of North Carolina
Appeai, by defendant from Lane, J., at November Term, 1922, of BuNcombe. Controversy without action, submitted on an agreed statement of facts.
Read the full summary
Appeai, by defendant from Lane, J., at November Term, 1922, of BuNcombe. Controversy without action, submitted on an agreed statement of facts. This suit is brought to determine the validity of certain school bonds, issued by the Swannanoa Consolidated Public School District pursuant to Public-Local Laws 1915, ch. 722, and authorized by an election held in said school district on 14 December, 1921. The legality of the consolidation of said district has been attacked, as well as the validity of certain special taxes, voted in said district by a majority of the qualified voters at an election…
1Opinion of the Court
Stacy, J.,
after stating tbe case: ' Tbe defendant contends tbat tbe new Swannanoa Consolidated Public School District was not legally established in tbat tbe three nonspecial tax districts, Bee Tree, Pickens, and Azalia, were not allowed to vote on tbe question of consolidation. This was not necessary under Public-Local Laws 1915, cb. 722, a special statute applicable only to Buncombe County. Indeed, for tbe bare purpose of consolidation, no election is necessary under tbe general law. C. S., 5473. Tbe county board of education in any county may, however, in its discretion, ask for an…
2Cases cited6 opinions
- Hammond v. McRaeSupreme Court of North Carolina · 1921
- Proctor v. Board of CommissionersSupreme Court of North Carolina · 1921
- Hicks v. Board of EducationSupreme Court of North Carolina · 1922
- Smith-Courtney Co. v. Board of Road CommissionersSupreme Court of North Carolina · 1921
- Board of Commissioners v. MaloneSupreme Court of North Carolina · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Felmet v. . CommissionersSupreme Court of North Carolina · 1923
- Hammond v. . McRaeSupreme Court of North Carolina · 1921
- Sparkman v. Board of CommissionersSupreme Court of North Carolina · 1924
- Nash v. Board of CommissionersSupreme Court of North Carolina · 1937
- Blue v. Board of Trustees of Vass Graded School DistrictSupreme Court of North Carolina · 1924
2 more not listed; retrieve them via the Exa API.