Legal Opinion

Busbee v. Commissioners of Wake County

Supreme Court of North Carolina

Decided October 5, 1885PublishedCited by 13 opinions

Injunction — Stock Law — Fences—Assessment, local— Taxation— County, necessary expenses of. This was a motiou for an Injunction heard before Clark, Judge, at Chambers iu Raleigh on the 30th day of June, A, D. 1885, pursuant toan order to show cause made by Judge Gudger on the 13th day of June, 1885, to restrain the defendant from applying any money in the hands of the Treasurer of Wake county, levied and collected, or to be levied and collected to meet the ordinary and…

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Injunction — Stock Law — Fences—Assessment, local— Taxation— County, necessary expenses of. This was a motiou for an Injunction heard before Clark, Judge, at Chambers iu Raleigh on the 30th day of June, A, D. 1885, pursuant toan order to show cause made by Judge Gudger on the 13th day of June, 1885, to restrain the defendant from applying any money in the hands of the Treasurer of Wake county, levied and collected, or to be levied and collected to meet the ordinary and necessary expenses of said county of Wake, to defray the expenses of erecting and building a fence around said county. His…

1Opinion of the Court

Smith, C. J.,

(after stating the ease). The restraining intermediate order having served its purpose, and any further restraint being refused, the commissioners proceeded with their work, and, as appears from their sworn affidavits, produced before us since the argument, have caused to be built under contract, all but a small part of the entire enclosing structure, as reported to them by the finance committee, the cost of which remaining part will not exceed three hundred dollars; that the portion so built has been accepted by the commissioners, and paid for in orders on the county treasurer,…

2Cases cited5 opinions

  1. Evans v. Commissioners of CumberlandSupreme Court of North Carolina · 1883
  2. Norfleet v. CromwellSupreme Court of North Carolina · 1870
  3. Simpson v. Commissioners of MecklenburgSupreme Court of North Carolina · 1881
  4. Commissioners of Greene v. . Commissioners of LenoirSupreme Court of North Carolina · 1885
  5. Goodman v. . LitakerSupreme Court of North Carolina · 1881

3Cited by13 opinions

  1. City of Raleigh v. PeaceSupreme Court of North Carolina · 1892
  2. Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
  3. Sanderlin v. LukenSupreme Court of North Carolina · 1910
  4. Asheville v. Trust Co.Supreme Court of North Carolina · 1906
  5. Harper v. Commissioners of New Hanover CountySupreme Court of North Carolina · 1903

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