State Ex Rel. Tate v. Board of Commissioners
Supreme Court of North Carolina
Civil action pending in Haywood Superior Court and heard before Hoke, J., at Chambees in Asheville on 22rd March, 1898. The nature of the action and the essential facts appear in the opinion. It being admitted that the defendants had on the first Monday of June, 1897, levied taxes for general State and county purposes up to the Constitutional limit, his Honor denied the plaintiff’s application for a mandamus and plaintiff appealed.
1Opinion of the Court
Clark, J.:
This is an action brought to compel the defendant, County Commissioners, by mandamus, to levy a tax for road purposes as provided by Chapter 249, Acts of 1897.
The first Section of the Act reads as follows: ‘ ‘That the Board of County Commissioners of Haywood County, shall, in order to provide for the proper working and constructing of the public roads of said County of Haywood, at their regular meeting in June, 1897, and at each regular annual meeting thereafter, and it is hereby made their duty, to levy a special tax on all property subject to taxation under the State law, in said…
2Cases cited6 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- Columbus Mills v. WilliamsSupreme Court of North Carolina · 1850
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
- Commissioners of Dare County v. Commissioners of Currituck CountySupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Jones v. Commissioners.Supreme Court of North Carolina · 1905
- Smith v. School Trustees.Supreme Court of North Carolina · 1906
- Hersey v. NeilsonMontana Supreme Court · 1913
- Gunter v. Town of SanfordSupreme Court of North Carolina · 1923
- Henderson v. . WilmingtonSupreme Court of North Carolina · 1926
53 more not listed; retrieve them via the Exa API.