Legal Opinion

Proctor v. Board of Commissioners

Supreme Court of North Carolina

Decided September 21, 1921PublishedCited by 15 opinions

Appeal by plaintiffs from Connor, J., at chambers, 1 July, 1921, from Nash. Civil action to determine tbe validity of certain proposed bonds. Tbe facts are set out in tbe judgment of tbe Superior Court, wbicb is as follows: “This is a civil action wherein tbe plaintiffs are seeking a permanent injunction against tbe defendants against tbe issuance and sale of certain school improvement bonds of Oak Level School District, Nash County, North Carolina.

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Appeal by plaintiffs from Connor, J., at chambers, 1 July, 1921, from Nash. Civil action to determine tbe validity of certain proposed bonds. Tbe facts are set out in tbe judgment of tbe Superior Court, wbicb is as follows: “This is a civil action wherein tbe plaintiffs are seeking a permanent injunction against tbe defendants against tbe issuance and sale of certain school improvement bonds of Oak Level School District, Nash County, North Carolina. A temporary restraining order was issued against tbe defendants by Bond, J., August 20, 1919, and notice issued to tbe defendants to appear…

1Opinion of the Court

Staoy, I.

This case presents for consideration the old but ever new question of taxation. It comes in the form of a proposed bond issue, and we are asked to pass upon the validity or legality of the same.

The following are the objective and controlling facts:

1. By an election held in Oak Level School District, Nash County, N. 0., on or about 1 April, 1919, a bond issue of $20,000 for school improvement purposes was approved by a vote of a majority of the qualified voters resident in said district.

2. Chapter 55, Public Laws 1915, provides that, following a favorable election in such district,…

2Cases cited12 opinions

  1. People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
  2. Commissioners of Johnston County v. LacySupreme Court of North Carolina · 1917
  3. French v. . Commissioners of New HanoverSupreme Court of North Carolina · 1876
  4. Robinson v. Goldsboro.Supreme Court of North Carolina · 1904
  5. Wadsworth v. Concord.Supreme Court of North Carolina · 1903

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3Cited by15 opinions

  1. Armstrong v. Board of CommissionersSupreme Court of North Carolina · 1923
  2. Rouse v. City of KinstonSupreme Court of North Carolina · 1924
  3. Spitzer v. . Comrs.Supreme Court of North Carolina · 1924
  4. Sidney Spitzer & Co. v. Commissioners of Franklin CountySupreme Court of North Carolina · 1924
  5. Long v. Town of RockinghamSupreme Court of North Carolina · 1924

10 more not listed; retrieve them via the Exa API.

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