Jones v. City of New Bern
Supreme Court of North Carolina
Appeal from Peebles, J., February Term, 1910, of CbaveN. Civil action to test the validity of a bond issue by the defendant. A demurrer to the ■ complaint was sustained upon the ground that no cause of action is stated in the complaint. Defendant appealed from a judgment dismissing the action. The facts are stated in the opinion'of the Court.
1Opinion of the Court
Bbowít, J.
There are three objections made to the validity of the bond issue authorized by the ordinance of the board of aldermen of the defendant city: (1) That the ordinance was not ratified by a majority of the qualified voters, but only by a majority of the votes cast at the election; (2) that there is no provision made for payment of principal or interest; (3) that no notice of the election was given, as required by law.
It appears from the complaint and the ordinance, which is made a part thereof, that the bonds are to be issued for street improvements and paving purposes, in pursuance…
2Cited by14 opinions
- Board of Trustees v. WebbSupreme Court of North Carolina · 1911
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
- City of Gastonia v. Citizens National BankSupreme Court of North Carolina · 1914
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