Keith v. . Lockhart
Supreme Court of North Carolina
Civil actioN, beard on return to preliminary restraining order before Stacey, J., at March Term, 1916, of PENDER. Tbe action was instituted by plaintiffs, citizens and taxpayers of said county, to restrain tbe board of commissioners from borrowing money to build a public fence around certain portions of Pender County abutting upon other counties, where tbe stock or no-fence law prevailed.
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Civil actioN, beard on return to preliminary restraining order before Stacey, J., at March Term, 1916, of PENDER. Tbe action was instituted by plaintiffs, citizens and taxpayers of said county, to restrain tbe board of commissioners from borrowing money to build a public fence around certain portions of Pender County abutting upon other counties, where tbe stock or no-fence law prevailed. On tbe bearing it was, among other things, properly made to appear that prior to 1915 tbe no-fence law prevailed in the’county of Pender by legislative enactment, and in said year tbe Legislature passed two…
1DissentAllen, J.
After stating the case: The Court is of opinion that his Honor correctly ruled that a county fence of the kind involved in the appeal is not a "necessary expense" within the meaning of (456) Article VII, sec. 7, of the Constitution, prohibiting counties, towns, etc., from contracting debts, etc., and levying taxes "except for its necessary expenses." While this term may not be given a fixed or arbitrary meaning, Fawcett v. Mount Airy, 134 N.C. 125, it more especially refers to the ordinary and usual expenditures reasonably required to enable a county to properly perform its duties as part of…
2Cases cited14 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- ILLINOIS CENTRAL RAILROAD COMPANY v. McKENDREESupreme Court of the United States · 1905
- Cecil v. City of High PointSupreme Court of North Carolina · 1914
- Wells v. City of WestonSupreme Court of Missouri · 1856
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- In Re Inquiry Concerning Judge HardySupreme Court of North Carolina · 1978
- State v. . BarksdaleSupreme Court of North Carolina · 1921
- Redevelopment Commission v. Security National Bank of GreensboroSupreme Court of North Carolina · 1960
- City of Greensboro v. WallSupreme Court of North Carolina · 1958
- Carolina Beach Fishing Pier, Inc. v. Town of Carolina BeachSupreme Court of North Carolina · 1968
52 more not listed; retrieve them via the Exa API.