County Board of Education v. Kenan
Supreme Court of North Carolina
CONTROVERSY submitted without action,- heard before Connor, J., at Spring Term, 1893, of Duplin Superior Court. The facts and questions submitted were as follows : “1. That the defendant, James G. Kenan, as Sheriff of said county, collected for the year 1891, and still has or ought to have in his hands unexpended $303 in excess of his commissions allowed by law for collecting the same, as taxes levied under chapter 517 of the Laws of 1891 of said State, amending section 2589…
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CONTROVERSY submitted without action,- heard before Connor, J., at Spring Term, 1893, of Duplin Superior Court. The facts and questions submitted were as follows : “1. That the defendant, James G. Kenan, as Sheriff of said county, collected for the year 1891, and still has or ought to have in his hands unexpended $303 in excess of his commissions allowed by law for collecting the same, as taxes levied under chapter 517 of the Laws of 1891 of said State, amending section 2589 of The Code of North Carolina, to-wit: Fifteen cents on the $100 worth of taxable property and credits in said county,…
1Opinion of the Court
MaoRajc, J.:
This controversy without action, between certain officers of the county of Duplin, is raised for the purpose of invoking the exorcise of what is called in Hoke v. Henderson, 4 Dev., 1, “the gravest duty of a -Judge,” a decision upon the constitutionality of an act of the General Assembly.
It is well understood that this duty which sometimes devolves upon the Courts, not by reason of any superiority in the judicial to the legislative department of the State, but of necessity, when the powers of the people in their Constitution and those reposed in their Legislature are brought in…
2Cases cited1 opinion
- Gilmer v. . HoltonSupreme Court of North Carolina · 1887
3Cited by10 opinions
- Greene County v. LydySupreme Court of Missouri · 1914
- Saylor v. TrotterTennessee Supreme Court · 1923
- State ex rel. Buchanan County v. ImelSupreme Court of Missouri · 1912
- Board of Health v. Board of CommissionersSupreme Court of North Carolina · 1941
- Matthews v. Carolina Standard CorporationSupreme Court of North Carolina · 1950
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