Markham v. . Manning
Supreme Court of North Carolina
MotioN to continue an injunction to the hearing, in a-civil action pending in the Superior Court of Durham county, heard before Clark, Judge, at Chambers, in Raleigh, on April 22d, 1886. His Honor refused the motion, and the plaintiffs appealed. The facts are identical with those of the preceding case.
1Opinion of the CourtSmith, C. J.
This action, resting substantially upon the same facts, differs from the case of Duke v. Brown, decided at this Term, in that it seeks to restrain the defendant from using the funds raised by a sale of bonds, in the purchase of a lot, and the erection of a graded school building thereon. The demand for this relief for the tax payers, is sustained by an undenied averment in the complaint, that the moneys collected by taxation from white property owners are to be'spent exclusively in furnishing education to white chil dren; while such as are paid by colored property owners are to be alone…
2Cases cited2 opinions
- Puitt v. Commissioners of Gaston CountySupreme Court of North Carolina · 1886
- Chester & Lenoir Narrow Gauge Railroad v. Commissioners of Caldwell CountySupreme Court of North Carolina · 1875
3Cited by5 opinions
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887
- Story v. Board of Commissioners of Alamance CountySupreme Court of North Carolina · 1922
- R. R. v. . CommissionersSupreme Court of North Carolina · 1891
- Lynchburg & Durham Railroad v. Board of Commissioners of Person CountySupreme Court of North Carolina · 1891
- Wood v. Town of OxfordSupreme Court of North Carolina · 1887