Commissioners of Dare County v. Commissioners of Currituck County
Supreme Court of North Carolina
Civil ACTION, heard on demurrer, by Shipp, Judge, at September Term, 1886, of Currituck Superior Court. It appears from the complaint, that the county of Curri-tuck was authorized by statute to subscribe, and did subscribe, for shares of the capital stock of the Albemarle and.Chesapeake Canal Company, of the nominal value of $44,000.00, and issued its bonds, thus creating a debt for that sum, to pay for its stock; that some time afterwards, in the year 1870, the county of…
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Civil ACTION, heard on demurrer, by Shipp, Judge, at September Term, 1886, of Currituck Superior Court. It appears from the complaint, that the county of Curri-tuck was authorized by statute to subscribe, and did subscribe, for shares of the capital stock of the Albemarle and.Chesapeake Canal Company, of the nominal value of $44,000.00, and issued its bonds, thus creating a debt for that sum, to pay for its stock; that some time afterwards, in the year 1870, the county of Dare was created by statute, and part of it was taken from -the county of Currituck, but the people of the part thus taken…
1Opinion of the CourtMekrimoN, J.
(after stating the facts). It cannot be questioned seriously, that the Legislature has power to create new counties, composed of territory and the people inhabiting it, taken from one or more existing counties, aud to change the boundaries of counties. It likewise has power, in the formation of new counties, to require that the people who live in the portion of territory so taken from a county, shall continue to pay their proportionate part of the county debt of the county from which they shall be so separated, existing at the time of the separation ; and it may likewise relieve them from…
2Cases cited5 opinions
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- Commissioners of Currituck County v. Commissioners of Dare CountySupreme Court of North Carolina · 1878
- Watson v. Commissioners of PamlicoSupreme Court of North Carolina · 1880
3Cited by26 opinions
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Lanvale Properties, LLC v. County of CabarrusSupreme Court of North Carolina · 2012
- Board of Trustees v. WebbSupreme Court of North Carolina · 1911
- Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
- Manuel v. Board of CommissionersSupreme Court of North Carolina · 1887
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