Norment v. . City of Charlotte
Supreme Court of North Carolina
MOTION by plaintiffs for injunction to restrain collection ■of certain tax, heard at Chambers in Charlotte on the first day of November, 1880, before Seymour, J By the act of March 22d, 1875, the board of aldermen of Charlotte were authorized, upon the application of ten voters' resident in each of the wards into which the city i§ -divided, to order an election and ascertain the sense of the qualified voters therein upon the submitted proposition to establish and maintain by…
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MOTION by plaintiffs for injunction to restrain collection ■of certain tax, heard at Chambers in Charlotte on the first day of November, 1880, before Seymour, J By the act of March 22d, 1875, the board of aldermen of Charlotte were authorized, upon the application of ten voters' resident in each of the wards into which the city i§ -divided, to order an election and ascertain the sense of the qualified voters therein upon the submitted proposition to establish and maintain by taxation a system of graded schools. An election was accordingly held under the directions of the act, on the first…
1Opinion of the Court
SMITH, O. J.,
after stating the faets. The appeal presents one, and upon its contingent solution a second question for determination.
1. Is a majority of all the voters necessary under the act, or is a majority of those voting sufficient ?
2. If a majority of all the qualified voters is required, is the registry conclusive of the number, or may parol proof be heard in revision and correction ?
The answer to the first enquiry has not been consistent in the adjudications in this state, nor in those made elsewhere, as to the interpretation to be put upon language, similar to that used in . our…
2Cases cited6 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- Harshman v. Bates CountySupreme Court of the United States · 1876
- Block v. CommissionersSupreme Court of the United States · 1879
- Simpson v. Commissioners of MecklenburgSupreme Court of North Carolina · 1881
- Chester & Lenoir Narrow Gauge Railroad v. Commissioners of Caldwell CountySupreme Court of North Carolina · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
- Gill v. . CommissionersSupreme Court of North Carolina · 1912
17 more not listed; retrieve them via the Exa API.