Legal Opinion

Brown v. Stewart.

Supreme Court of North Carolina

Decided March 8, 1904PublishedCited by 11 opinions

ActioN by George H. Brown and others against E>. T. Stewart, as Mayor of the town of Washington and others, heard by Judge W. A. Hoke, at February Term, 1904, of the Superior Court of BbauKOet County. This is a controversy submitted to the Court without action, pursuant to section 561 of The Code. The facts upon which the parties desire the decision of the Court are set forth with care and clearness. The affidavit is in strict conformity with the statute.

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ActioN by George H. Brown and others against E>. T. Stewart, as Mayor of the town of Washington and others, heard by Judge W. A. Hoke, at February Term, 1904, of the Superior Court of BbauKOet County. This is a controversy submitted to the Court without action, pursuant to section 561 of The Code. The facts upon which the parties desire the decision of the Court are set forth with care and clearness. The affidavit is in strict conformity with the statute. The plaintiffs are creditors of the' defendant the city of Washington, and hold the bonds and other evidences of indebtedness referred to…

1Opinion of the CourtCoNNOR, J.

We do not entertain any doubt of the correctness of the conclusion reached and the judgment rendered by his Honor. The Board of Oommissioners of the town of Washington were empowered by chapter 48, Acts (Private) 1903, to issue the bonds for the purpose of paying a valid, outstanding and past-due indebtedness of said town as therein stated. This act is full and complete in its provisions. Having been enacted in strict conformity to the constitutional requirement, as uniformly construed by this Court, there can be no possible doubt of its validity. We are unable to perceive how by any rule of…

2Cases cited3 opinions

  1. Brodnax v. GroomSupreme Court of North Carolina · 1870
  2. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  3. Glenn v. . WraySupreme Court of North Carolina · 1900

3Cited by11 opinions

  1. Brown v. Road CommissionersSupreme Court of North Carolina · 1917
  2. Frazier v. Board of CommissionersSupreme Court of North Carolina · 1927
  3. Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
  4. State Ex Rel. O'Neal v. JennetteSupreme Court of North Carolina · 1925
  5. Board of Com'rs of Onslow County v. TollmanCourt of Appeals for the Fourth Circuit · 1906

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