Watson v. Commissioners of Pamlico
Supreme Court of North Carolina
Application for an Injunction heard at Chambers, Fall Term, 1879, of Pamlico Superior Court, before Gudger, J. Upon the hearing the court granted an order that the defendants be perpetually enjoined from levying and collecting taxes to pay certain debts, mentioned in the opinion, and the defendants appealed. In the absence of legislative provision, the annexed territory is not liable for the old debt of the county. Dill. Mun.
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Application for an Injunction heard at Chambers, Fall Term, 1879, of Pamlico Superior Court, before Gudger, J. Upon the hearing the court granted an order that the defendants be perpetually enjoined from levying and collecting taxes to pay certain debts, mentioned in the opinion, and the defendants appealed. In the absence of legislative provision, the annexed territory is not liable for the old debt of the county. Dill. Mun. Corp., § 128; Currituck v. Bare, 79 N. C., 565. Defendants have no power to levy the tax unless the same had been conferred by statute. Com’rs v. Clarke, 73 N. C., 255;…
1Opinion of the CourtSmith, C. J.
The county of Pamlico, as laid off and defined by the act of February 8th, 1872, was constituted out of detached portions of Craven and Beaufort counties, and when formed was “invested with all the rights, privileges .and immunities of other counties in the state.” There are two provisos contained in section two as follows : “That this bill for the formation of said county, together with the -obligation to pay its proportionate share of the debt of Craven and Beaufort counties, shall be submitted to the qualified voters of the territory to be formed into a new county for adoption or…
2Cases cited1 opinion
- Commissioners of Currituck County v. Commissioners of Dare CountySupreme Court of North Carolina · 1878
3Cited by11 opinions
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
- Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
- Martin County v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1919
- Green v. City of AshevilleSupreme Court of North Carolina · 1930
- Blake v. JacksIdaho Supreme Court · 1910
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