Legal Opinion

Woosley v. Commissioners of Davidson County

Supreme Court of North Carolina

Decided November 16, 1921PublishedCited by 10 opinions

Appeal by defendant from Webb, J., at chambers, 14 October, 1921, from DavidsoN. Controversy without action, heard upon an agreed statement of facts, the material and controlling parts of which are as follows; “1. That the board of education of Davidson County in meeting duly assembled on 16 February, 1921, created or attempted to create a school district, to be known as the Lexington High School District, by adopting the following resolution, by unanimous vote, all the…

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Appeal by defendant from Webb, J., at chambers, 14 October, 1921, from DavidsoN. Controversy without action, heard upon an agreed statement of facts, the material and controlling parts of which are as follows; “1. That the board of education of Davidson County in meeting duly assembled on 16 February, 1921, created or attempted to create a school district, to be known as the Lexington High School District, by adopting the following resolution, by unanimous vote, all the commissioners present and voting: “ ‘Be it resolved by the board of education of Davidson County, that it is in the opinion…

1Opinion of the CourtStacy, J.

It is conceded at the outset that the board of education and the commissioners of Davidson County have not proceeded under C. S., 5511, for the establishment of a central high school, or high schools in a township, as provided by said section. It should also be noted that the resolution of the board of education, purporting to create the Lexington High School District, and the two special acts of the Legislature relating thereto, were all passed prior to the enactment, on 8 March, 1921, of ch. 119, Public Laws 1921, amending the public school law of the State. Hence, the validity of the…

2Cases cited4 opinions

  1. Olive v. StateNebraska Supreme Court · 1881
  2. Board of Trustees of the Fairmont Graded School District v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1921
  3. Howell v. HowellSupreme Court of North Carolina · 1909
  4. Sechrist v. Board of CommissionersSupreme Court of North Carolina · 1921

3Cited by10 opinions

  1. Elliott v. State Board of EqualizationSupreme Court of North Carolina · 1932
  2. Armstrong v. Board of CommissionersSupreme Court of North Carolina · 1923
  3. State v. . KellySupreme Court of North Carolina · 1923
  4. Moore v. . Board of EducationSupreme Court of North Carolina · 1937
  5. Perry v. Commissioners of BladenSupreme Court of North Carolina · 1922

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