Legal Opinion

Street v. Board of Commissioners

Supreme Court of North Carolina

Decided January 15, 1874PublishedCited by 7 opinions

Civil ACTION, an application for an injunction to restrain the defendants from collecting certain taxes, heard before Clarke, J., at Chambers, in Craven county, December 13th, 1873. The first application for an order restraining the defendants from collecting taxes, levied to pay the interest and part of the principal of certain bonds issued in 1854, to pay the county’s subscription to the Atlantic & North Carolina Railroad, was refused by the Judge of the third Judicial…

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Civil ACTION, an application for an injunction to restrain the defendants from collecting certain taxes, heard before Clarke, J., at Chambers, in Craven county, December 13th, 1873. The first application for an order restraining the defendants from collecting taxes, levied to pay the interest and part of the principal of certain bonds issued in 1854, to pay the county’s subscription to the Atlantic & North Carolina Railroad, was refused by the Judge of the third Judicial District, but the order was subsequently granted by Judge Mitchell, of the tenth Judicial District, until the coming in of…

1Opinion of the CourtEeade, J.

The facts found by his Honor below, and sent up to us, are substantially as follows:

Under an act of the General Assembly for the purpose, it was, in 1854, by proper proceedings in the County Court of Craven county, submitted to a popular vote of the qualified voters of the county, whether the county should subscribe for $150,000 of the stock of the Atlantic & North Carolina Railroad Company, to aid in constructing the same. By a majority of six to one of the popular vote, the subscription was ordered and was made.

To raise the money to pay the subscription, county coupon bonds were issued and…

2Cited by7 opinions

  1. Southern Railway Co. v. Board of CommissionersSupreme Court of North Carolina · 1908
  2. Trull and Brown v. . the Bd. of Com. of Madison Co.Supreme Court of North Carolina · 1875
  3. Blanton v. Board of CommissionersSupreme Court of North Carolina · 1888
  4. Bright v. . LennonSupreme Court of North Carolina · 1880
  5. Barksdale v. Commissioners of Sampson CountySupreme Court of North Carolina · 1885

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