Griffith v. . Board of Education
Supreme Court of North Carolina
Appeal by plaintiffs from Lane., J., at July Term, 1921, of Foesyth. Civil action to enjoin and restrain the holding of an election in a new ■■and proposed consolidated school district composed of what was originally two contiguous and adjacent districts in Forsyth County, namely, Bethania, a special tax district, and Old Town School District, a non-local tax district.
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Appeal by plaintiffs from Lane., J., at July Term, 1921, of Foesyth. Civil action to enjoin and restrain the holding of an election in a new ■■and proposed consolidated school district composed of what was originally two contiguous and adjacent districts in Forsyth County, namely, Bethania, a special tax district, and Old Town School District, a non-local tax district. The purpose of the election was to ascertain the will of the voters of the entire territory in regard to levying a special school tax for the said proposed district. The call for the election designated 12 July, 1921, as the…
1Opinion of the CourtStacy, J.
It appears that the purpose for which this action was instituted, to wit, to prevent the holding of the election in question, has been accomplished. At any rate, the election was not held, and there is nothing now to enjoin. McKinney v. Comrs. (Fla.), 3 So. Rep., 887. The time for holding the election has long since passed, and it cannot presently be held, under the previous action of the defendants. Nothing further can be done in .the way of levying the proposed tax unless ■another election is called. The appeal, therefore, must be dismissed. Kilpatrick v. Harvey, 170 N. C., 668; Moore v.…
2Cases cited6 opinions
- Solomon v. FlemingNebraska Supreme Court · 1892
- Harrison v. . BryanSupreme Court of North Carolina · 1908
- Kilpatrick v. . HarveySupreme Court of North Carolina · 1915
- Hawkins v. . Telegraph Co.Supreme Court of North Carolina · 1914
- Makely v. Washington-Beaufort Land Co.Supreme Court of North Carolina · 1918
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Newman v. . Comrs. of VanceSupreme Court of North Carolina · 1935
- Baum v. City of St. LouisSupreme Court of Missouri · 1938
- Galloway v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1922
- Newman v. WatkinsSupreme Court of North Carolina · 1935
- City of Austin v. ThompsonTexas Supreme Court · 1949
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