Asheville v. Webb.
Supreme Court of North Carolina
ActioN by tlie city of Asheville against C. A. Webb1 & Co., beard by Judge E. B. Jones at Fall Term, 1903, of the Superior Court of Buncombe County.
1Opinion of the CourtMontgomery, J.
This is a controversy submitted without action, under section 567 of The Code, upon an agreed statement of facts. The defendants contracted to buy from the plaintiffs $40,000 of bonds issued under the provisions of chapter 6 of the Private Law's of 1903, and afterwards refused to receive and pay for the bonds on the ground that they were illegal, for the reason that the plaintiff had failed to give thirty days’ public notice of the election which had been held upon the question as to whether the bond issue should be “approved” or “not approved.”
No notice of the election on the bond issue,…
2Cases cited4 opinions
- Wadsworth v. Concord.Supreme Court of North Carolina · 1903
- Duke v. . BrownSupreme Court of North Carolina · 1887
- Claybrook v. Board of CommissionersSupreme Court of North Carolina · 1895
- Debnam v. Chitty.Supreme Court of North Carolina · 1902