Bradshaw v. City of High Point
Supreme Court of North Carolina
Appeal from Biggs, J., December Term, 1909, of Gtjilfobd. This is an action brought by the plaintiff, a taxpayer and citizen of the city of High Point, against the defendant, to enjoin it from issuing bonds to the amount of $30,000, the proceeds of the sale of which are to be used in paying a debt contracted for a necessary expense of said defendant.
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Appeal from Biggs, J., December Term, 1909, of Gtjilfobd. This is an action brought by the plaintiff, a taxpayer and citizen of the city of High Point, against the defendant, to enjoin it from issuing bonds to the amount of $30,000, the proceeds of the sale of which are to be used in paying a debt contracted for a necessary expense of said defendant. On 1 October, 1909, the city of High Point entered into a contract with the United States Construction Company to extend and improve its sewer and water systems, agreeing to pay therefor the sum of $30,000, same to be paid in installments, as…
1Opinion of the Court
Clark, C. J.,
after stating the case: The contract was for a public necessity, and therefore a valid indebtedness, and a popular vote was not necessary, unless the charter or some statute required it. Fawcett v. Mt. Airy, 134 N. C., 125; Davis v. Fremont, 135 N. C., 538; Revisal, sec. 2916 (6).
The plaintiff relied upon chapter 19, Private Laws 1907, which authorized an election upon a proposition to issue $125,000 in bonds for divers purposes, among them that of improving and extending its water plant and sewer system, aiding the construction of a railroad, and other purposes. Had that statute…
2Cases cited6 opinions
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Robinson v. Goldsboro.Supreme Court of North Carolina · 1904
- Wadsworth v. Concord.Supreme Court of North Carolina · 1903
- Commissioners of Hendersonville v. C. A. Webb & Co.Supreme Court of North Carolina · 1908
- Greensboro v. Scott.Supreme Court of North Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- Purser v. LedbetterSupreme Court of North Carolina · 1946
- Town of Murphy v. C. A. Webb & Co.Supreme Court of North Carolina · 1911
- Reed v. Howerton Engineering Co.Supreme Court of North Carolina · 1924
- Ellison v. Town of WilliamstonSupreme Court of North Carolina · 1910
9 more not listed; retrieve them via the Exa API.