Davis v. Lendir County
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at May Term, 1919, of LeNoie. This' action was instituted by plaintiff on bebalf of bimself and others, taxpayers, against Lenoir. County, the board of county commissioners, and tbe highway commission of said county, to restrain the issuance and sale of $2,000,000 of bonds, authorized by Public-Local Laws 1919, ch. 391, to construct and build the public roads of that county.
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Appeal by plaintiff from Daniels, J., at May Term, 1919, of LeNoie. This' action was instituted by plaintiff on bebalf of bimself and others, taxpayers, against Lenoir. County, the board of county commissioners, and tbe highway commission of said county, to restrain the issuance and sale of $2,000,000 of bonds, authorized by Public-Local Laws 1919, ch. 391, to construct and build the public roads of that county. The restraining order was dissolved by Daniels, J., at the hearing, and the plaintiffs appealed.
1Opinion of the Court
Pee Cueiam.
The plaintiff, Davis, suing on behalf of himself and others, citizens and taxpayers of Lenoir County, sought to enjoin the issuance of $2,000,000 of bonds authorized by chapter 391, Public-Local Laws 1919, ratified 6 March, 1919, and approved by a vote of the electors of the county at a special election held pursuant to the act. The temporary restraining order issued by Judge Daniels was made returnable before him, and heard 21 May, when he dissolved the restraining order, and denied the motion to continue the same.
The plaintiffs contend that the act was'unconstitutional:
1. Because…
2Cases cited10 opinions
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Moose v. Board of CommissionersSupreme Court of North Carolina · 1916
- Southern Railway Co. v. Board of CommissionersSupreme Court of North Carolina · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. . KellySupreme Court of North Carolina · 1923
- Sanitary District v. . PruddenSupreme Court of North Carolina · 1928
- Young v. . Highway CommissionSupreme Court of North Carolina · 1925
- Lassiter v. Board of CommissionersSupreme Court of North Carolina · 1924
- Barbour v. County of WakeSupreme Court of North Carolina · 1929
4 more not listed; retrieve them via the Exa API.