Guire v. Board of Commissioners
Supreme Court of North Carolina
ActioN tried before Harding, J., at August Term, 1919, of Caldwell. This case was before this Court at the last term, and our decision therein is reported in 177 N. C., at p. 516, where the facts are stated, so far as pertinent to that appeal.
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ActioN tried before Harding, J., at August Term, 1919, of Caldwell. This case was before this Court at the last term, and our decision therein is reported in 177 N. C., at p. 516, where the facts are stated, so far as pertinent to that appeal. We there held that the act of 1919 increasing the rate of interest, as fixed by the Public-Local Laws of 1917, ch. 67, from 5 per cent to a rate not exceeding 6 per cent was invalid, not having been passed in accordance with the Constitution, Art. II, sec. 14. Since that case was decided the board of commissioners of the county has properly advertised…
1Opinion of the Court
WalKbe, J.,
after stating the case: We will now consider the case with reference to the objections of the plaintiff and their validity, as they are presented in the record and in the findings and judgment of the court:
1. The Public-Local Laws of 1917, ch. 67, provided for a second election if, at the first one, there was an adverse vote by the people. There is no dispute as to the regularity of the election except in one respect, which will presently be noticed. There were two elections held. At the first of these, held in 1917, the result was against a bond issue, and at the second the vote…
2Cases cited6 opinions
- Waters-Pierce Oil Co. v. TexasSupreme Court of the United States · 1900
- Johnson v. County of StarkIllinois Supreme Court · 1860
- Wilkison v. Board of Children's GuardiansIndiana Supreme Court · 1902
- City of Lexington ex rel. Price v. Lafayette County BankSupreme Court of Missouri · 1901
- McChesney v. City of ChicagoIllinois Supreme Court · 1903
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3Cited by2 opinions
- Talbott v. City of Des MoinesSupreme Court of Iowa · 1934
- Commissioners of Cleveland County v. SpitzerSupreme Court of North Carolina · 1920