Smallwood v. City of Newbern
Supreme Court of North Carolina
MOTION for inj unction heard at Fall Term, 1883, of Chaven Superior Court before Shepherd, J. The complaint states, in substance, that the defendant is a municipal corporation, the powers of which being vested in a mayor and city council, as provided by the private acts of 1879, ■ch. 42, amended by the act of 1883, ch. 117, entitled “An act to establish graded schools in Newbern”; that the plaintiffs are citizens and tax payers of the defendant city, and a tax of twenty…
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MOTION for inj unction heard at Fall Term, 1883, of Chaven Superior Court before Shepherd, J. The complaint states, in substance, that the defendant is a municipal corporation, the powers of which being vested in a mayor and city council, as provided by the private acts of 1879, ■ch. 42, amended by the act of 1883, ch. 117, entitled “An act to establish graded schools in Newbern”; that the plaintiffs are citizens and tax payers of the defendant city, and a tax of twenty cents has been assessed upon every one hundred worth of their property to establish graded schools in the city, which the…
1Opinion of the CourtMerriMON, J.
In view of the verified complaint, answer, affidavits and the case settled upon appeal for this court, we think the court below properly refused to grant the injunction, prayed for.
The principal ground of the application for an injunction restraining the defendant from collecting the taxes mentioned in the complaint is, that the result of the vote required to be taken by the statute (Acts 1883,.ch. 117, §1) was not fairly and truly ascertained and declared by the proper authorities, and that, in fact, a majority of the qualified voters of the city of Newbern did not vote “ for schools.”
We…
2Cases cited3 opinions
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Block v. CommissionersSupreme Court of the United States · 1879
- Simpson v. Commissioners of MecklenburgSupreme Court of North Carolina · 1881
3Cited by15 opinions
- Jones v. Commissioners of Person CountySupreme Court of North Carolina · 1890
- State v. . CooperSupreme Court of North Carolina · 1888
- Gill v. . CommissionersSupreme Court of North Carolina · 1912
- Bynum v. Board of CommissionersSupreme Court of North Carolina · 1888
- Gill v. Board of CommissionersSupreme Court of North Carolina · 1912
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