Leroy v. . Elizabeth City
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at chambers, 18 April, 1914; from Pasquotaitk. This is. an appeal, in an action brought by a taxpayer, from an order dissolving an injunction which restrained the defendants from issuing and selling certain bonds.
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Appeal by plaintiff from Ferguson, J., at chambers, 18 April, 1914; from Pasquotaitk. This is. an appeal, in an action brought by a taxpayer, from an order dissolving an injunction which restrained the defendants from issuing and selling certain bonds. The Legislature of 1907 passed an act known as chapter 117, Private Laws 1907, which act was amended first by chapter 319, Private Laws 1909, and again by chapter 487, Private Laws 1913. Said original act reads as follows: The General Assembly óf North Carolina do enact: SectioN 1. That tbe board of aldermen of the corporation of Elizabeth City…
1Opinion of the CourtAlleN, J.
The General Assembly has the power to authorize a municipal corporation to create a debt and issue bonds for necessary expenses without a vote of the people, and the debt created for a market house is a necessary expense. Swinson v. Mount Olive, 147 N. C., 611.(2) The act of 1913 imposes no additional burden on the citizens and taxpayers of Elizabeth City, and it was not, therefore, necessary for the ayes and noes to be entered on the journals at the time of its enactment. The case of Gregg v. Comrs., 162 N. C., 484, is directly in point.(3) The third objection of the plaintiff is met by the…
2Cases cited2 opinions
- Swinson v. Town of Mount OliveSupreme Court of North Carolina · 1908
- Gregg v. Board of CommissionersSupreme Court of North Carolina · 1913
3Cited by5 opinions
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- Stone v. City of HobbsNew Mexico Supreme Court · 1950
- Angelo v. City of Winston-SalemSupreme Court of North Carolina · 1927
- Walker v. Town of FaisonSupreme Court of North Carolina · 1932
- Henderson v. City of WilmingtonSupreme Court of North Carolina · 1926