Swinson v. Town of Mount Olive
Supreme Court of North Carolina
ActioN heard before W. B. Allen, J., at chambers, at April Term, 1908, of Wayne. Plaintiff appealed. The facts are. stated in the opinion.
1Opinion of the Court
ClakK, O. J.
This is an action to-restrain the defendant, the Town of Mount Olive, from issuing $6,000 in bonds “to build and own a town hall and market house,” without a vote of tbe people. Tbe General Assembly, by section 49, chapter 201, Private Laws 1905, specially empowers tbe defendant to issue bonds for that purpose.
Tbe General Assembly can authorize a municipal corporation to create a debt, without a vote of tbe people, for necessary purposes. Const., Art. VII, sec. 7; Fawcett v. Mount Airy, 134 N. C., 125; Wilson v. Charlotte, 74 N. C., 748. A market bouse was held to be a necessary…
2Cases cited6 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Smith v. City of NewbernSupreme Court of North Carolina · 1874
- Young v. . Town of HendersonSupreme Court of North Carolina · 1877
- Wilson v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1876
- Wade v. City of NewbernSupreme Court of North Carolina · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hightower v. City of RaleighSupreme Court of North Carolina · 1909
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Owens v. . Wake CountySupreme Court of North Carolina · 1928
- Angelo v. City of Winston-SalemSupreme Court of North Carolina · 1927
- Horton v. Redevelopment Commission of High PointSupreme Court of North Carolina · 1963
5 more not listed; retrieve them via the Exa API.