Acker v. Cooley, Mayor

The opinion of the Court was delivered by

Mr. Justice Stabler.

The petitioner, a resident freeholder and taxpayer of the Town of Williamston, seeks in this controversy, submitted without action under Section 668 of the Code, to have the respondents enjoined from constructing a waterworks system, on the ground that such construction, as no petition of .the freeholders asking for an election was filed, would' be illegal and unconstitutional.

It appears from the agreed statement of facts that, pursuant to- an ordinance adopted by the town council, a special election was held on May 1, 1934, at…