Huneycutt v. Board of Road Commissioners
Supreme Court of North Carolina
Appeal by plaintiff from Finley, J., at chambers, 1 September, 1921,. from StaNLY. Civil action to enjoin the defendant board of road commissioners of Stanly County from issuing certain bonds, to the amount of $200,000, in order to carry out the purposes of an act of the 1921 General Assembly (not yet published in book form), entitled “An act to provide road commissioners and for road improvement in Stanly County.”
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Appeal by plaintiff from Finley, J., at chambers, 1 September, 1921,. from StaNLY. Civil action to enjoin the defendant board of road commissioners of Stanly County from issuing certain bonds, to the amount of $200,000, in order to carry out the purposes of an act of the 1921 General Assembly (not yet published in book form), entitled “An act to provide road commissioners and for road improvement in Stanly County.” From a judgment dissolving the temporary restraining order, and holding that said bonds might be sold as valid and binding obligations, the plaintiff appealed.
1Opinion of the CourtStacy, J.
The plaintiff assails the validity of the bonds in question upon the ground, first, that the act of 1921, creating the board of road commissioners of Stanly County, and giving to them the entire control and management of the public roads and bridges in said county, is void under Article II, section 29, of the Constitution; and, second, that even if said act be valid, it does not authorize the defendants to issue bonds in the name of the road commissioners of Stanly County.
Considering the objections in the order named, we may observe "that the section of the Constitution, against which it is…
2Cases cited19 opinions
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Board of Trustees v. WebbSupreme Court of North Carolina · 1911
- Brown v. Road CommissionersSupreme Court of North Carolina · 1917
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3Cited by14 opinions
- McIntyre v. ClarksonSupreme Court of North Carolina · 1961
- Airport Authority v. . JohnsonSupreme Court of North Carolina · 1946
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- In Re HarrisSupreme Court of North Carolina · 1922
- State v. . KellySupreme Court of North Carolina · 1923
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