Kyle v. . Commissioners
Supreme Court of North Carolina
This was a Civil ActioN, for injunction and other relief, heard before His Honor, Judge BuxtoN, at Chambers, in CUMBERLAND County, on the 20th day of November, 1875. Plaintiff alleged in his complaint that he is a non-resident of the State; that he was the owner of one hundred and eight shares of stock in the “ People’s National Bank of Fayetteville,” on April 1st, 1875; that the same had been placed by the tax list takers for the town of Fayetteville upon the tax list, and…
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This was a Civil ActioN, for injunction and other relief, heard before His Honor, Judge BuxtoN, at Chambers, in CUMBERLAND County, on the 20th day of November, 1875. Plaintiff alleged in his complaint that he is a non-resident of the State; that he was the owner of one hundred and eight shares of stock in the “ People’s National Bank of Fayetteville,” on April 1st, 1875; that the same had been placed by the tax list takers for the town of Fayetteville upon the tax list, and that plaintiff had been assessed the sum of $182.50 as taxes thereon ; that the tax list had been placed in the hands of…
1Opinion of the CourtBynum, J.
It is admitted that the town of Fayetteville possesses the power of taxation for corporate purposes, by virtue of its charter and the general laws of the State.
This concession, we think, is decisive of the case before us. For whenever the power is exercised, all taxes, whether State, county or town, by force of the Constitution, must be imposed upon all the real and personal property, money, credits, investments in bonds, stocks, joint stock companies, or otherwise, situate in the State, county or town, except property exempted by the Constitution. Art. V, secs. 3 and 7; Art. YII, sec. 9.
It…
2Cases cited3 opinions
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- People v. CommissionersSupreme Court of the United States · 1867
- Wilmington Railway Bridge Co. v. Board of CommissionersSupreme Court of North Carolina · 1875
3Cited by15 opinions
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- Redmond v. Commissioners of the Town of TarboroSupreme Court of North Carolina · 1890
- Buie v. Commissioners of FayettevilleSupreme Court of North Carolina · 1878
- North Carolina Railroad v. Commissioners of AlamanceSupreme Court of North Carolina · 1884
- Wiley v. Commissioners of SalisburySupreme Court of North Carolina · 1892
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