Board of Drainage Commissioners of Parkville Drainage District, No. 1 v. Brett Engineering Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at Spring Term, 1914, of PeRquiMANs. This is a controversy submitted without action to test the validity of certain drainage bonds, issued under the provisions of chapter 442, Public Laws 1909, as amended by ’chapter 67, Public Laws 1911, which the Engineering Company agreed to accept in payment for construction.
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Appeal by defendant from Ferguson, J., at Spring Term, 1914, of PeRquiMANs. This is a controversy submitted without action to test the validity of certain drainage bonds, issued under the provisions of chapter 442, Public Laws 1909, as amended by ’chapter 67, Public Laws 1911, which the Engineering Company agreed to accept in payment for construction. It is admitted by the parties: “That all of the provisions of the said chapter 442, Public Laws 1909, and of chapter 67, Public Laws 1911, pertaining to the creation and establishment of drainage districts and the issuance of bonds, have been…
1Opinion of the CourtAlleN, J.
The proceedings leading up to the issuing of the bonds conform to all the requirements of chapter 442 of the Public Laws 1909 as amended by chapter 67 of the Public Laws 1911, except in the one particular, that after the final report of' the engineer and viewers was filed and accepted by the court,, notice of the time of hearing objections to the report was not published in some newspaper of general circulation in the-county, in addition to posting a notice at the courthouse door and at five conspicuous places in the drainage district, both, publications being required by section 15 of the…
2Cited by1 opinion
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