County Board of Education v. Board of Commissioners
Supreme Court of North Carolina
ActioN to obtain a peremptory writ of mandamus, heard on complaint and answer before Peebles, J., at Fall Term, 1908, of Cherokee.
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ActioN to obtain a peremptory writ of mandamus, heard on complaint and answer before Peebles, J., at Fall Term, 1908, of Cherokee. The complaint, in substance, alleged that the funds available from the regular and ordinary sources of taxation are insufficient to maintain the public schools of Cherokee County for a period of four months in the year 1909; that under the provisions of section 4112, Revisal, the plaintiffs, in their official capacity, had submitted an estimate of the amount required for the purpose, and demanded that a specific additional tax be levied by defendants, this…
1Opinion of the Court
Hoke, J.,
after stating the case: The Constitution .of this State (Art. IX, sec. 3) provides “that each county of the State shall be divided into a convenient number of districts, in which one or more public schools shall be maintained at least four *121montbs in every year, and if tbe commissioners of any county shall fail to comply witb tbe aforesaid requirement of tbis section tbey shall be liable to indictment.”
Construing tbis section, in Collie v. Commissioners, 145 N. C., 170, the Court held that the duty of the county commissioners to provide by taxation for maintaining the public school…
2Cases cited13 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Brown v. . TurnerSupreme Court of North Carolina · 1874
- Collie v. Commissioners of Franklin CountySupreme Court of North Carolina · 1907
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