Rigsbee v. Town of Durham
Supreme Court of North Carolina
This was an appeal from an order made by Shepherd, Judge> at Chambers in Hillsboro, on the 12th day of August, 1887, dissolving a restraining order theretofore granted, in the cause pending in the Superior Court of Durham county.
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This was an appeal from an order made by Shepherd, Judge> at Chambers in Hillsboro, on the 12th day of August, 1887, dissolving a restraining order theretofore granted, in the cause pending in the Superior Court of Durham county. Chapter 86, of the Acts of 1887, authorizes the board of commissioners of the town of Durham to submit to the “qualified” voters of said town, “whether a tax shall be annually levied therein for the support of the schools in said town, provided for by the act.” The Act prescribes the manner in which the election shall be held, “ and if a majority of the votes cast…
1Opinion of the Court
Davis, J.,
(after stating the case). The plaintiff insists that the Act of the Legislature “ in relation to the public schools in the town of Durham,” (Chapter 86, Laws of 1887) is unconstitutional. The question is identical, in principle, with that presented in the case of Wood v. Oxford, decided at the last term of this Court, 97 N. C., 227. It was then carefully and fully considered, and upon a review of the argument presented in the present case, we can see no reason to reverse the decision then made.
The Constitution, Art. 7, §7, will not'permit the tax for the support of the public…
2Cases cited6 opinions
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- Southerland v. Board of Aldermen of GoldsboroSupreme Court of North Carolina · 1887
- Norment v. . City of CharlotteSupreme Court of North Carolina · 1881
- Duke v. . BrownSupreme Court of North Carolina · 1887
- McDowell v. . the Construction Co.Supreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Briggs v. City of RaleighSupreme Court of North Carolina · 1928
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- Cleveland Cotton Mills v. Commissioners of Cleveland CountySupreme Court of North Carolina · 1891
- Sessions v. . Columbus CountySupreme Court of North Carolina · 1939
- Plott v. . Comrs.Supreme Court of North Carolina · 1924
16 more not listed; retrieve them via the Exa API.