Board of Commissioners v. Sidney Spitzer & Co.
Supreme Court of North Carolina
Civil actioN from Caldwell, beard upon case agreed before Webb, Jat Chambers, 13 Eebruary, 1917. Tbis is a controversy without action between tbe board of commissioners for tbe county of Caldwell and tbe defendant Sidney Spitzer & Co., to determine tbe validity o'f bonds issued by authority of an act of tbe General Assembly, ratified 9 January, 1917. By that act tbe said commissioners were empowered to issue bonds, among other things, for the purpose “of securing site for…
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Civil actioN from Caldwell, beard upon case agreed before Webb, Jat Chambers, 13 Eebruary, 1917. Tbis is a controversy without action between tbe board of commissioners for tbe county of Caldwell and tbe defendant Sidney Spitzer & Co., to determine tbe validity o'f bonds issued by authority of an act of tbe General Assembly, ratified 9 January, 1917. By that act tbe said commissioners were empowered to issue bonds, among other things, for the purpose “of securing site for and building a new county home for said county.” These bonds were directed to be issued without a vote of the people. The…
1Opinion of the CourtAxleN, J.
It is declared in Article XI, section 7, of the Constitu-
tion that “Beneficient provision for the poor, the unfortunate, and orphan” is “one of the first duties of a civilized .and Christian State,” and in accordance with this spirit, which pervades the Constitution, it was held in Jones v Comrs., 137 N. C., 579, and affirmed in Keith v. Lockhart, 171 N. C., 451, that the “support of the aged and infirm,” which is the designation given by statute to the poor of the county (Revisal, sec. 1327; Copple v. Comrs., 138 N. C., 132), is a necessary expense.
The word “support” has a variety of…
2Cases cited3 opinions
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- Keith v. . LockhartSupreme Court of North Carolina · 1916
- Copple v. Commissioners.Supreme Court of North Carolina · 1905
3Cited by7 opinions
- Board of Managers of the James Walker Memorial Hospital v. City of WilmingtonSupreme Court of North Carolina · 1953
- Martin v. . Comrs. of WakeSupreme Court of North Carolina · 1935
- Martin v. Board of CommissionersSupreme Court of North Carolina · 1935
- Board of Managers of the James Walker Memorial Hospital v. City of WilmingtonSupreme Court of North Carolina · 1953
- Goodman v. . Commissioners of PersonSupreme Court of North Carolina · 1928
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