Legal Opinion

Commissioners of New Hanover County v. Derosset

Supreme Court of North Carolina

Decided December 3, 1901PublishedCited by 14 opinions

ActioN by tbe Board of Commissioners of New Hanover County against A. L. DeBosset, beard by Judge O. E. Allen, at Chambers, on . . day of September, 1901. Erom' judgment for plaintiff, tbe defendant appealed.

1Opinion of the CourtClark, J.

Tbis is a controversy submitted without action, under Tbe Code, sec. 567. Tbe question' presented is whether Chapter 314, Laws 1901, authorizing New Hanover to issue $50,000 in bonds for road improvement, is valid and constitutional. It appears that tbe proposition was duly and properly submitted to tbe registered voters of tbe county, a majority of whom duly authorized tbe issue of said bonds. Tbe defendant, who has purchased said bonds, avers that be is ready and willing to taire and pay for the same, if they are valid and constitutional, but be denies that the act authorizing the election…

2Cases cited3 opinions

  1. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  2. Gatlin v. Town of TarboroSupreme Court of North Carolina · 1878
  3. Carr v. CokeSupreme Court of North Carolina · 1895

3Cited by14 opinions

  1. Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
  2. Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
  3. Rodman-Heath Cotton Mills v. Town of WaxhawSupreme Court of North Carolina · 1902
  4. State Ex Rel. Dyer v. City of LeaksvilleSupreme Court of North Carolina · 1969
  5. Allen v. City of RaleighSupreme Court of North Carolina · 1921

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