Guire v. Board of Commissioners
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at the May Term, 1919, of Caldwell. This is an action to restrain the issue of road bonds under the authority of chapter 67 of the Public-Local Laws of 1917, as amended by chapter 453 of the Public-Local Laws of the same year and by an act ratified 10 March, 1919. The first act authorizes the issue of bonds for road purposes in Caldwell County in the sum of $250,000, bearing interest at not exceeding 5 per cent and to run not more than…
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Appeal by plaintiff from Long, J., at the May Term, 1919, of Caldwell. This is an action to restrain the issue of road bonds under the authority of chapter 67 of the Public-Local Laws of 1917, as amended by chapter 453 of the Public-Local Laws of the same year and by an act ratified 10 March, 1919. The first act authorizes the issue of bonds for road purposes in Caldwell County in the sum of $250,000, bearing interest at not exceeding 5 per cent and to run not more than forty years. It was also provided in the act that it should not be operative unless approved by the voters at an election to…
1Opinion of the CourtAlleN, J.
The following principles, germane to the present controversy, are established by the authorities:
1. Debts contracted for building and maintaining roads are for necessary expenses. Hargrove v. Comrs., 168 N. C., 626.
2. The county may contract a valid debt for necessary expenses without a vote of the people and without legislative sanction under Art. VII, section 7, of the Constitution, but it cannot exceed the limitation on taxation prescribed in Art. V, sec. 1, to pay the interest on a debt so contracted or to provide a sinking fund for the payment of the principal. Herring v. Dixon, 122 N.…
2Cases cited12 opinions
- Herring v. . DixonSupreme Court of North Carolina · 1898
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Commissioners of Hendersonville v. C. A. Webb & Co.Supreme Court of North Carolina · 1908
- Brown v. Stewart.Supreme Court of North Carolina · 1904
- Pritchard v. Board of CommissionersSupreme Court of North Carolina · 1912
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3Cited by5 opinions
- State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
- Barbour v. County of WakeSupreme Court of North Carolina · 1929
- Allen v. City of RaleighSupreme Court of North Carolina · 1921
- Glenn v. Board of County CommissionersSupreme Court of North Carolina · 1931
- Henderson v. City of WilmingtonSupreme Court of North Carolina · 1926