Simpson v. Commissioners of Mecklenburg
Supreme Court of North Carolina
Application by plaintiffs for an injunction heard at Fall Term, 1879, of Mecklenburg Superior Court, before Bux-ton, J. The purpose of the present action is to restrain the enforcement of a tax levied and in process of collection to meet the expenses incurred in constructing a fence around the territorial limits of township No.'6, usually known as Clear Creek township, under the- act of March 3d, 1873' (Acts 1872-73, §: 193). The operation of the a®t is confined! to…
Read the full summary
Application by plaintiffs for an injunction heard at Fall Term, 1879, of Mecklenburg Superior Court, before Bux-ton, J. The purpose of the present action is to restrain the enforcement of a tax levied and in process of collection to meet the expenses incurred in constructing a fence around the territorial limits of township No.'6, usually known as Clear Creek township, under the- act of March 3d, 1873' (Acts 1872-73, §: 193). The operation of the a®t is confined! to Mecklenburg and four other counties and was to take effect in- each when its pro-visions were adopted by a popular vote taken…
1Opinion of the Court
SMITH, 0. J.,
after stating the above.' There was no evidence before the court in dismissing the action, so far as the record discloses, except what is furnished in the sworn .complaint and answers. The judgment of the court must therefore have been rendered upon the allegations made by ■the plaintiffs, with the admissions and explanations of the ■defendants; and no special error is assigned in the rulings •of His Honor from which the appeal is taken.
1. We think, under the statute which requires the commissioners after examination of the returns, to ascertain ■and declare the result, their…
2Cited by15 opinions
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Gill v. . CommissionersSupreme Court of North Carolina · 1912
- Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
- Black v. CommissionersSupreme Court of North Carolina · 1901
10 more not listed; retrieve them via the Exa API.