Chester & Lenoir Narrow Gauge Railroad v. Commissioners of Caldwell County
Supreme Court of North Carolina
MaNdamus, tried before Mitchell, J., at Chambers, at January Term, 1875, Caldwell Superior Court. The plaintiff, the Chester and Lenoir Narrow Gauge Railroad Company, brought an action against the defendants, for a mandamus, to compel them to subscribe for certain stock in the Company of plaintiff.
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MaNdamus, tried before Mitchell, J., at Chambers, at January Term, 1875, Caldwell Superior Court. The plaintiff, the Chester and Lenoir Narrow Gauge Railroad Company, brought an action against the defendants, for a mandamus, to compel them to subscribe for certain stock in the Company of plaintiff. The material facts in the case are as follows: The Carolina Narrow Gauge Railroad, was incorporated on the 8th day of February, 1872, by an act of the General Assembly, and immediately thereafter duly organized as a corporation. By an Act of the General Assembly of South Carolina ratified February…
1Opinion of the CourtRodmAN, J.
Our opinion as to the meaning of sec. 7, of Art. YII, of the State Constitution, relieves us fromjthe necessity of considering any of the other questions which were ably and learnedly discussed by counsel.
That section is in these words:
“ Seo. 7. No county, city, town or other municipal corporation, shall contract any debt, pledge its faith, or loan its credit, nor shall any tax be levied or collected, by any officers of the same, except for the necessary expenses therefore, unless by a vote of a majority of the qualified voters therevnP
' It is contended for the plaintiffs that these words…
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