Smith v. School Trustees.
Supreme Court of North Carolina
ActioN by Smith and Jenkins against the Board of Trustees of Robersonville Graded School, heard by Judge Chas. M. Coolce, at December Term, 1905, of the Superior Court of Martin. This was an action to restrain the authorities of a public school district, known as Robersonville Graded School District, from issuing bonds and levying a tax under and by virtue of an act of the General Assembly (Pr. Acts 1905, chapter 204,) and an election held pursuant to said act.
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ActioN by Smith and Jenkins against the Board of Trustees of Robersonville Graded School, heard by Judge Chas. M. Coolce, at December Term, 1905, of the Superior Court of Martin. This was an action to restrain the authorities of a public school district, known as Robersonville Graded School District, from issuing bonds and levying a tax under and by virtue of an act of the General Assembly (Pr. Acts 1905, chapter 204,) and an election held pursuant to said act. By consent, duly entered, a jury trial was waived and the cause was tried and determined by the judge presiding. The act creates a…
1Opinion of the Court
Hoke, J.,
after stating the case: It is not urged against this legislation that its acceptance was made to depend upon the vote of the people within the new school district. Such legislation has so often been sustained in this State that it is no longer an open question. Cain v. Commissioners, 86 N. C., 8. Nor is it suggested that any but those who were qualified voters of the territory took part in the election, nor 1hat any who were such electors in the territory were denied registration. Plaintiffs rest their right to a stay of further proceedings under the act on two grounds: (1) That the…
2Cases cited14 opinions
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Cain v. Commissioners of Davie CountySupreme Court of North Carolina · 1882
- Lowery v. School Trustees.Supreme Court of North Carolina · 1905
- Schultes v. EberlySupreme Court of Alabama · 1886
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Smith v. HefnerSupreme Court of North Carolina · 1952
- Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
- Wells v. Housing Authority of the City of WilmingtonSupreme Court of North Carolina · 1938
- Stanley v. Department of Conservation & DevelopmentSupreme Court of North Carolina · 1973
- Durham Provision Co. v. DavesSupreme Court of North Carolina · 1925
48 more not listed; retrieve them via the Exa API.