Legal Opinion

Collie v. Commissioners of Franklin County

Supreme Court of North Carolina

Decided October 10, 1907PublishedCited by 39 opinions

Civil actioN, brought to August Term, 19 07, of FeaNic-LiN Superior Court by the plaintiff and in behalf of other-taxpayers of Franklin County against tlie Board of Commissioners of said county, to restrain said board from collection of a tax levied at tbe meeting’ of June, 1907, of one cent on the $100 worth of property and three cents on each taxable poll, for the support and maintenance of the public schools of the county, in addition to and beyond the limit of 66% cents…

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Civil actioN, brought to August Term, 19 07, of FeaNic-LiN Superior Court by the plaintiff and in behalf of other-taxpayers of Franklin County against tlie Board of Commissioners of said county, to restrain said board from collection of a tax levied at tbe meeting’ of June, 1907, of one cent on the $100 worth of property and three cents on each taxable poll, for the support and maintenance of the public schools of the county, in addition to and beyond the limit of 66% cents on the $100 worth of property and $2 on each taxable poll, levied for general State and county purposes in said county…

1Opinion of the Court

WALKER, J., and CLARK, C. J., concurring. Plaintiff obtained from Hon. C. M. Cooke, judge resident of the Fourth Judicial District, a temporary restraining order, returnable before himself. Upon the hearing his Honor dissolved the restraining order, and plaintiff appealed. It is admitted that the questions presented by this appeal have been passed upon adversely to the contention of the defendant in two cases — Barksdale v. Comrs., 93 N.C. 473, and Board ofEducation v. Comrs. of Bladen, 111 N.C. 578. We are now asked to review those cases and disregard them as precedents in the decision of…

2Cases cited2 opinions

  1. Barksdale v. Commissioners of Sampson CountySupreme Court of North Carolina · 1885
  2. Board of Education v. Board of CommissionersSupreme Court of North Carolina · 1892

3Cited by39 opinions

  1. State v. BallanceSupreme Court of North Carolina · 1949
  2. State v. . BallanceSupreme Court of North Carolina · 1949
  3. Bridges Ex Rel. City of Charlotte v. City of CharlotteSupreme Court of North Carolina · 1942
  4. State Ex Rel. Sparling v. HitsmanMontana Supreme Court · 1935
  5. Henderson v. . WilmingtonSupreme Court of North Carolina · 1926

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