Kornegay v. City of Goldsboro
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., on a controversy submitted by action, from WayNE, beard 7 October, 1920. Tbis is an action to restrain tbe sale of certain municipal bonds, tbe plaintiff alleging tbat tbe act of tbe General Assembly authorizing tbe sale of tbe bonds is unconstitutional and void.
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Appeal by plaintiff from Daniels, J., on a controversy submitted by action, from WayNE, beard 7 October, 1920. Tbis is an action to restrain tbe sale of certain municipal bonds, tbe plaintiff alleging tbat tbe act of tbe General Assembly authorizing tbe sale of tbe bonds is unconstitutional and void. Tbe important and material facts involved in tbis controversy are : 1. Tbat tbe city of Goldsboro, being indebted for public improvements, prepared to issue bonds under tbe Municipal Finance Act for sale in order tbat tbe proceeds might be used to pay said indebtedness, which consists of $150,000…
1Opinion of the CourtAlleN, J.
The plaintiff raises several constitutional questions, which, we will 'consider in their order, first laying down the rules formulated by the experience of the past as safe guides when an act of the legislative branch of the Government is attacked upon the ground that it violates-some provision of the Constitution.
“The power of the General Assembly to pass all needful laws, except when barred by constitutional restrictions, is plenary.” Shelby v. Power Co., 155 N. C., 196.
“Every presumption is in favor of the validity of an act of the Legislature, and all doubts are resolved in support of the…
2Cases cited29 opinions
- United States v. TynenSupreme Court of the United States · 1871
- McLean v. ArkansasSupreme Court of the United States · 1909
- Rodgers v. United StatesSupreme Court of the United States · 1902
- Dahnke v. PeopleIllinois Supreme Court · 1897
- State ex rel. Webster v. County CommissionersCourt of Appeals of Maryland · 1868
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- In Re WasherCalifornia Supreme Court · 1927
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