Legal Opinion

Sprague v. Commissioners of Wake County

Supreme Court of North Carolina

Decided May 20, 1914PublishedCited by 10 opinions

Appeal by plaintiff from 0. II. Allen, J., at April Term, 1914, of Wake. Tbis was a civil action brought by the plaintiff on behalf of himself and all other citizens and taxpayers of Raleigh Township, Wake County, to enjoin the board of county commissioners of Wake County from preparing and issuing $50,000 of school bonds of Raleigh Township, the cause being heard in the Superior Court of Wake County, upon an agreed statement of facts, a jury trial having -been waived.

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Appeal by plaintiff from 0. II. Allen, J., at April Term, 1914, of Wake. Tbis was a civil action brought by the plaintiff on behalf of himself and all other citizens and taxpayers of Raleigh Township, Wake County, to enjoin the board of county commissioners of Wake County from preparing and issuing $50,000 of school bonds of Raleigh Township, the cause being heard in the Superior Court of Wake County, upon an agreed statement of facts, a jury trial having -been waived. Judgment was rendered in-favor of the defendants, and the plaintiffs excepted and appealed.

1Opinion of the CourtHoke, J.

Our Constitution, Art. VII, sec. I, contains provision that “No county, city, town, or other municipal corporation shall contract any debt, pledge its faith or loan its credit, nor shall any tax be levied or collected by any officer of the same, except for the necessary expenses thereof, unless by a vote of the majority of the qualified voters therein,” and it is the accepted interpretation of this provision that the words “majority of the qualified voters therein” mean a majority of all the persons who are duly qualified to vote in a given district or township, etc. In the present instance…

2Cases cited4 opinions

  1. Rodman v. Town of WashingtonSupreme Court of North Carolina · 1898
  2. Hollowell v. . BordenSupreme Court of North Carolina · 1908
  3. Ellis v. Trustees of the Graded School of OxfordSupreme Court of North Carolina · 1911
  4. Trustees of the Goldsboro Graded School v. BroadhurstSupreme Court of North Carolina · 1891

3Cited by10 opinions

  1. Henderson v. . WilmingtonSupreme Court of North Carolina · 1926
  2. Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
  3. Armstrong v. Board of CommissionersSupreme Court of North Carolina · 1923
  4. Henderson v. City of WilmingtonSupreme Court of North Carolina · 1926
  5. Williams v. County CommissionersSupreme Court of North Carolina · 1918

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