Commissioners of Wilkes County v. Call
Supreme Court of North Carolina
Civil action pending in Wilkes Superior Court and heard, by consent, before Starbuck, J., at Winston, upon a motion by defendants to vacate the restraining order, heretofore granted, until the final hearing.
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Civil action pending in Wilkes Superior Court and heard, by consent, before Starbuck, J., at Winston, upon a motion by defendants to vacate the restraining order, heretofore granted, until the final hearing. The prayer of the complaint was to enjoin the defendant, County Treasurer of Wilkes, from paying the coupons on county bonds issued in aid of the Northwestern North Carolina Railroad Company on the ground that the bonds in controversy were issued by the Board of Commissioners of Wilkes county, without lawful authority so to do, and are invalid and void. His Honor refused the motion to…
1Opinion of the Court
This is an action brought to test the validity of certain bonds issued by Wilkes County in payment of its subscription to the stock of the Northwestern North Carolina Railroad Company. The suit was brought by the Commissioners of the county of Wilkes against the County Treasurer. The defendants Turner and Wellborn, who had become the owners of one of the bonds after the bringing of this action, by leave of the court, became parties defendant, and invited all other bond-holders to come in and join them in resisting the action.
In the face of each bond, dated 1 October, 1889, appears the…
2Cases cited44 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Dixon County v. FieldSupreme Court of the United States · 1884
- Town of Coloma v. EavesSupreme Court of the United States · 1876
- Claiborne County v. BrooksSupreme Court of the United States · 1884
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3Cited by16 opinions
- Wilkes County v. ColerSupreme Court of the United States · 1901
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Burgin v. . SmithSupreme Court of North Carolina · 1909
- Smathers v. Commissioners of Madison CountySupreme Court of North Carolina · 1899
- Rodman-Heath Cotton Mills v. Town of WaxhawSupreme Court of North Carolina · 1902
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