Tyson v. City of Salisbury
Supreme Court of North Carolina
Appeal from Justice, J., May Term, 1909, of Catawba. Tbis action was brought for tbe purpose of testing tbe validity of certain bonds intended to be issued by tbe city of Salisbury for tbe purpose of funding tbe city’s floating debt of $50,000, and for tbe further purpose of extending, enlarging, maintaining and operating tbe waterworks and sewerage, system of tbe city, and of building, constructing, improving and maintaining its streets and sidewalks. 'The city of Salisbury…
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Appeal from Justice, J., May Term, 1909, of Catawba. Tbis action was brought for tbe purpose of testing tbe validity of certain bonds intended to be issued by tbe city of Salisbury for tbe purpose of funding tbe city’s floating debt of $50,000, and for tbe further purpose of extending, enlarging, maintaining and operating tbe waterworks and sewerage, system of tbe city, and of building, constructing, improving and maintaining its streets and sidewalks. 'The city of Salisbury caused an act to be passed by tbe General Assembly of North Qarolina authorizing and empowering tbe board of aldermen…
1Opinion of the Court
Walker, J.,
after stating the case: We do not well see how there could be any doubt or uncertainty as to the authority of the city of Salisbury to issue the bonds, the validity of which is now questioned by the plaintiff. It sufficiently appears by the journals of the House of Eepresentatives and the Senate that the bill, as it was first introduced, became the act as finally ratified, enrolled and transmitted to the office of the Secretary of State, all of which will appear from the numbers of the bill as it passed its several readings. There was nothing in the journal to show that it was ever…
2Cases cited1 opinion
- Lumberton Improvement Co. v. Board of CommissionersSupreme Court of North Carolina · 1907
3Cited by3 opinions
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- City of Vernon v. MontgomeryCourt of Appeals of Texas · 1924