Legal Opinion

Riggsbee v. . Town of Durham

Supreme Court of North Carolina

Decided February 5, 1886PublishedCited by 22 opinions

Motion to continue a restraining order to the hearing, in a case pending in the Superior Court of Durham county, heard before CLarh, Judge, at Chambers in Greensboro, on February 19, 1886. At the session of 1881, the General Assembly passed an act “to establish a graded school in the town of Durham,” chapter 231, the provisions of which, so far as they relate to the present controversy, are in substance these: The first section directs the submission to the voters of the…

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Motion to continue a restraining order to the hearing, in a case pending in the Superior Court of Durham county, heard before CLarh, Judge, at Chambers in Greensboro, on February 19, 1886. At the session of 1881, the General Assembly passed an act “to establish a graded school in the town of Durham,” chapter 231, the provisions of which, so far as they relate to the present controversy, are in substance these: The first section directs the submission to the voters of the town, of the question whether an annual tax shall be levied for the support of a graded school in the town, and prescribes…

1Opinion of the CourtSmith, C. J.

(after stating the facts). We do not lay any stress upon the omission, to designate the schools to which the money collected from colored tax-payers as “graded,” as is done in directing the application of the money derived from white tax-payers, but it is quite manifest that the statute means to furnish the increased educational facilities, resulting from the local assessment to the children of both classes resident in that town, and to confine the benefits to them. The departure from this requirement in the distribution of the taxes drawn from colored persons, is, in our opinion, at variance…

2Cases cited1 opinion

  1. Johnson v. . WinslowSupreme Court of North Carolina · 1869

3Cited by22 opinions

  1. Leonard v. MaxwellSupreme Court of North Carolina · 1939
  2. Keith v. . LockhartSupreme Court of North Carolina · 1916
  3. Glenn v. . WraySupreme Court of North Carolina · 1900
  4. Bonitz v. Board of Trustees of Ahoskie School District, No. 11Supreme Court of North Carolina · 1911
  5. Lance v. CogdillSupreme Court of North Carolina · 1953

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