Board of Trustees v. Webb
Supreme Court of North Carolina
Appeal from Wébb, J., at tbe May Term, 1911, of BuNCOMBE. Controversy, submitted without action, under section 803, Revisal, and beard before bis Honor, J. L. Webb, Judge, in May, 1911, wben and where it was properly made to appear that, on tbe .... day of March, 1911, tbe defendants contracted with tbe plaintiff for the purchase of $10,000 of Youngsville Township road bonds, to be issued under the authority of an act of tbe General Assembly of 1911, entitled “An act to…
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Appeal from Wébb, J., at tbe May Term, 1911, of BuNCOMBE. Controversy, submitted without action, under section 803, Revisal, and beard before bis Honor, J. L. Webb, Judge, in May, 1911, wben and where it was properly made to appear that, on tbe .... day of March, 1911, tbe defendants contracted with tbe plaintiff for the purchase of $10,000 of Youngsville Township road bonds, to be issued under the authority of an act of tbe General Assembly of 1911, entitled “An act to provide good roads in Youngsville Township, Franklin County,” which said act was read three several times, and the yeas and…
1Opinion of the CourtHoke, J.
The provisions of our Constitution applicable to the question presented and authoritative decisions construing statutes of similar import are against the ruling of the lower court by which these bonds were declared invalid. Thus in Jones v. Commissioners of Madison County, 137 N. C., pp. 579-596, speaking to the action of counties in matters governmental and the power of the Legislature over them in this respect, the Court said: “In the exercise of ordinary governmental functions they are simply agencies of the State constituted for the convenience of local administration in certain portions…
2Cases cited21 opinions
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
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3Cited by38 opinions
- Gunter v. Town of SanfordSupreme Court of North Carolina · 1923
- Quality Built Homes Inc. v. Town of CarthageSupreme Court of North Carolina · 2016
- Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
- Coble v. . Comrs.Supreme Court of North Carolina · 1922
- Moore v. . Board of EducationSupreme Court of North Carolina · 1937
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