Board of Trustees of the Fairmont Graded School District v. Mutual Loan & Trust Co.
Supreme Court of North Carolina
Appeal by defendant from Daniel, J., beard on ease agreed at March Term, 1921, of RobesoN. This action is to recover purchase price of one hundred thousand dollars ($100,000) bonds of Fairmont Graded School District, issued pursuant to ch. 42, Private Acts of Special Session 1920. Defendant agreed to take said bonds at a definite and satisfactory price, provided same are valid, and resisted compliance on the ground that the act is unconstitutional and the proposed bond issue…
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Appeal by defendant from Daniel, J., beard on ease agreed at March Term, 1921, of RobesoN. This action is to recover purchase price of one hundred thousand dollars ($100,000) bonds of Fairmont Graded School District, issued pursuant to ch. 42, Private Acts of Special Session 1920. Defendant agreed to take said bonds at a definite and satisfactory price, provided same are valid, and resisted compliance on the ground that the act is unconstitutional and the proposed bond issue will not constitute a valid obligation of said district. There .was judgment for plaintiff, and defendant excepted and…
1Opinion of the CourtHoKE, J.
From the facts stated in the case agreed it appears that, under Private Acts 1920, ch. 42, the Legislature purported to create Fairmont Graded School District in Robeson County, N. C., defining limits of said district by metes and bounds, same to embrace “all the lands included within the white school district one and three of Fair-mont Township, as well as certain land adjoining said district.” That, on ratification of the measure by a majority of the qualified voters of the district, the trustees should be empowered to issue and sell bonds in the sum of one hundred thousand dollars…
2Cases cited3 opinions
- Brown v. Road CommissionersSupreme Court of North Carolina · 1917
- Mills v. Board of CommissionersSupreme Court of North Carolina · 1918
- Dickson v. BrewerSupreme Court of North Carolina · 1920
3Cited by15 opinions
- Glenn v. . Board of EducationSupreme Court of North Carolina · 1936
- Coble v. . Comrs.Supreme Court of North Carolina · 1922
- State v. . KellySupreme Court of North Carolina · 1923
- Felmet v. . CommissionersSupreme Court of North Carolina · 1923
- Sanitary District v. . PruddenSupreme Court of North Carolina · 1928
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