Tucker v. City of Raleigh
Supreme Court of North Carolina
Civil Action, tried before Watts, J., at January Term, 1876, of Wake Superior Court. The complaint alleged substantially the following facts : That prior to the 11th day of June, 1872, the defendant contracted various debts to divers persons for necessary expenses incurred in performing its municipal functions, amounting in the aggregate to three hundred dollars, and issued to each of said persons its written order, signed by the Mayor and countersigned by the Treasurer of…
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Civil Action, tried before Watts, J., at January Term, 1876, of Wake Superior Court. The complaint alleged substantially the following facts : That prior to the 11th day of June, 1872, the defendant contracted various debts to divers persons for necessary expenses incurred in performing its municipal functions, amounting in the aggregate to three hundred dollars, and issued to each of said persons its written order, signed by the Mayor and countersigned by the Treasurer of the city, requiring said Treasurer to pay to the order of such person the amount of money due him by said city, which…
1Opinion of the CourtReads, J.
1. Can the City of Raleigh contract a debt *271for necessary expenses, without a vote of a majority of the qualified voters therein ?
Answer: Yes. Art. YII, see. 7 of the State Constitution; Wilson v. City of Charlotte, 74 N. C. Rep., 748, and the cases there cited.
2. Was the debt contracted in this case for necessary expenses ?
Answer : Yes. It is true that the complaint does not set out in detail what the debts were for; but generally that they were for the ordinary city purposes, as work on streets, wells, cemeteries, &c., and to pay the police. And the complaint offers for excuse for not…
2Cases cited2 opinions
- Wilson v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1876
- Mitchell v. Board of Trustees of Township No. 8Supreme Court of North Carolina · 1874
3Cited by20 opinions
- McCless v. MeekinsSupreme Court of North Carolina · 1895
- Young v. . Town of HendersonSupreme Court of North Carolina · 1877
- Green v. . KitchinSupreme Court of North Carolina · 1948
- Mayo v. Commissioners of WashingtonSupreme Court of North Carolina · 1898
- City of Sherman v. LanghamTexas Supreme Court · 1897
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