Burwell v. Town of Lilllington
Supreme Court of North Carolina
Civil actioN from Harnett, beard by Lyon, J., on 12 January, 1916, upon a motion to continue to the hearing a restraining order previously issued by Judge Daniels, for the purpose of enjoining the issue of certain water-works and sewerage bonds to the amount of $25,000. The town of Lillington was authorized by Private Laws 1911, ch. 283, to issue bonds to the amount of $15,000, bearing interest at a rate not exceeding 5 per cent, for water-works and sewerage purposes.
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Civil actioN from Harnett, beard by Lyon, J., on 12 January, 1916, upon a motion to continue to the hearing a restraining order previously issued by Judge Daniels, for the purpose of enjoining the issue of certain water-works and sewerage bonds to the amount of $25,000. The town of Lillington was authorized by Private Laws 1911, ch. 283, to issue bonds to the amount of $15,000, bearing interest at a rate not exceeding 5 per cent, for water-works and sewerage purposes. The act provided for an election by the people upon the question whether or not the bonds should be issued. This election was…
1Opinion of the Court
Walker, J.,
after stating the case: The plaintiff contends that the town is not authorized to issue the $15,000 of bonds for water-works and sewerage purposes, as the original act was amended in a material respect, the limit of the rate of interest having been raised from 5 to 6 per cent, which necessitated a new election upon the question of issuing those bonds, the Legislature not having directed in the amending act that another election should be dispensed with. As the bonds in ques tion are proposed to be issued for necessary expenses, tbe town might have acted without a vote of the…
2Cases cited2 opinions
- Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
- Brown v. . SpraySupreme Court of North Carolina · 1911