McLeod v. Board of Commissioners
Supreme Court of North Carolina
ActioN beard by "Webb, J., at April Term, 1908, of MooRE. Tbis action was brought to enjoin tbe defendants, commissioners of tbe town of Cartbage, from issuing and selling coupon bonds and from levying any tax to pay tbe same or tbe interest thereon, and to restrain their codefendant, tbe tax collector of Cartbage, from collecting taxes levied by tbe said commissioners to pay tbe interest on tbe bonds and create a sinking fund to pay tbe principal at maturity.
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ActioN beard by "Webb, J., at April Term, 1908, of MooRE. Tbis action was brought to enjoin tbe defendants, commissioners of tbe town of Cartbage, from issuing and selling coupon bonds and from levying any tax to pay tbe same or tbe interest thereon, and to restrain their codefendant, tbe tax collector of Cartbage, from collecting taxes levied by tbe said commissioners to pay tbe interest on tbe bonds and create a sinking fund to pay tbe principal at maturity. Tbe defendants are proceeding under and by virtue of tbe provisions of the Private Laws of 1901, cb. 482, authorizing tbe creation of…
1Opinion of the CourtWalker, J.
The decision of this case turns upon what is the true meaning of chapter 482 of the Private Acts of 1907. The objection of the plaintiff to the issuing and selling of the bonds and to the levy and collection of the tax to pay the interest as it accrues, and the principal at maturity, is based upon the ground that the provisions of the act in regard to that matter are repugnant, and that, by a proper construction of the statute, rejecting certain sections thereof because they conflict with other and subsequent sections, where the intent is expressly or at least more clearly indicated, we…
2Cases cited6 opinions
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Lowery v. School Trustees.Supreme Court of North Carolina · 1905
- Fortune v. Commissioners.Supreme Court of North Carolina · 1905
- Board of Education v. Commissioners.Supreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ross Realty Co. v. First Citizens Bank & Trust Co.Supreme Court of North Carolina · 1979
- Elliott v. State Board of EqualizationSupreme Court of North Carolina · 1932
- State v. . EarnhardtSupreme Court of North Carolina · 1915
- Woodall v. Western Wake Highway CommissionSupreme Court of North Carolina · 1918
- Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
13 more not listed; retrieve them via the Exa API.