Howell v. Howell
Supreme Court of North Carolina
Appeal from Ferguson, J., on motion of plaintiffs to continue restraining order to the final hearing of the action, heard 23 October, 1909. From Haywood. This is an action to set aside and annul the creation of a special-tax school district in Haywood County and to enjoin the collection of the special school tax therein.
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Appeal from Ferguson, J., on motion of plaintiffs to continue restraining order to the final hearing of the action, heard 23 October, 1909. From Haywood. This is an action to set aside and annul the creation of a special-tax school district in Haywood County and to enjoin the collection of the special school tax therein. It is brought by certain taxpayers of Rock Hill School District against the Sheriff and County Commissioners of Haywood County and the School Committee of Rock Hill District. The complaint alleges that the district was not laid off “as compact in form as practicable, and the…
1Opinion of the Court
MANNING, J.,
after stating tbe case: Tbe statute above quoted makes four requirements: (a) a petition from one-fourth of tbe freeholders within tbe proposed district; (b) tbe endorsement of this petition by the county board of education; (c) tbe bolding of an election in tbe district upon this question; (d) tbe vote of a majority of tbe qualified voters in favor of tbe tax.
It is not alleged that any of these requirements of tbe statute have not been complied with, nor is there any allegation that tbe tax, tbe collection of which is sought to be enjoined, is levied or assessed for an illegal or…
2Cases cited16 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Stratford v. City of GreensboroSupreme Court of North Carolina · 1899
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3Cited by11 opinions
- United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1988
- Gill v. . CommissionersSupreme Court of North Carolina · 1912
- Perry v. Commissioners of BladenSupreme Court of North Carolina · 1922
- Gill v. Board of CommissionersSupreme Court of North Carolina · 1912
- State v. EvansOregon Supreme Court · 1916
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