Board of Commissioners v. C. N. Malone & Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at chambers in Asheville, 10 April, 1920. This was a controversy submitted without action, to determine the validity of $30,000 of school bonds issued by the town of Hendersonville, under an ordinance authorized by eh. 138, Laws 1917, as amended by ch. 178, Laws 1919, and known as the “Municipal Finance Act.” The defendants, who purchased said bonds on 20 October, 1919, now decline to pay for them upon the ground that they are not valid.
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Appeal by defendant from Webb, J., at chambers in Asheville, 10 April, 1920. This was a controversy submitted without action, to determine the validity of $30,000 of school bonds issued by the town of Hendersonville, under an ordinance authorized by eh. 138, Laws 1917, as amended by ch. 178, Laws 1919, and known as the “Municipal Finance Act.” The defendants, who purchased said bonds on 20 October, 1919, now decline to pay for them upon the ground that they are not valid. From a judgment in favor of the plaintiff the defendants appealed.
1Opinion of the CourtClark, C. J.
The first exception of the defendants to the validity of the bonds is that the ordinance under which they were issued provides: “Any action, or proceeding, questioning the validity of the resolution must be commenced within 30 days after its last publication,” whereas, the statute authorizing the ordinances requires (sec. 20) that “Any action, or proceeding, questioning the validity of said ordinance must be commenced within 30 days after its first publication.”
15 Cyc., 316, says: “It is the duty of the Court to sustain an election authorized by law if it has been conducted so as to give a…
2Cases cited7 opinions
- State Ex Rel. DeBerry v. NicholsonSupreme Court of North Carolina · 1889
- Town of Hendersonville v. JordanSupreme Court of North Carolina · 1908
- Rodwell v. RowlandSupreme Court of North Carolina · 1905
- State Ex Rel. Deloatch v. RogersSupreme Court of North Carolina · 1882
- Claybrook v. Board of CommissionersSupreme Court of North Carolina · 1895
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3Cited by1 opinion
- Green v. BriggsSupreme Court of North Carolina · 1956