Cox v. Commissioners of Pitt County
Supreme Court of North Carolina
Civil acjtioN, brought by the plaintiffs, as citizens and taxpayers of the county of Pitt, to enjoin the issue of certain bonds, not exceeding $50,000, which defendants are about to issue, to aid in establishing a training school at or near the town of Greenville, in said county, in pursuance of an act of the General Assembly ratified 6 March, 1907. An application was made to his Honor, Judge Lyon, in the Superior Court of Pitt County, to enjoin the issuing of the bonds.
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Civil acjtioN, brought by the plaintiffs, as citizens and taxpayers of the county of Pitt, to enjoin the issue of certain bonds, not exceeding $50,000, which defendants are about to issue, to aid in establishing a training school at or near the town of Greenville, in said county, in pursuance of an act of the General Assembly ratified 6 March, 1907. An application was made to his Honor, Judge Lyon, in the Superior Court of Pitt County, to enjoin the issuing of the bonds. From his order refusing the injunction plaintiffs appealed.
1Opinion of the CourtBeowN, J.
The objections to the validity of the bonds and the legality of the issue are fully set out in the complaint, and we deem it necessary to notice four only of the contentions urged by plaintiffs.
It is insisted, first, that the bond act is unconstitutional and void, for the reason that said act is a private act and that thirty days notice was not given, as required in section 12, Article II of the Constitution. It is immaterial whether the act be a public local law, as defined in State v. Chambers, 93 N. C., 601, and similar cases, or purely a private act, as contended by plaintiffs. The courts…
2Cases cited11 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- County of Livingston v. DarlingtonSupreme Court of the United States · 1880
- McCormac v. Commissioners of RobesonSupreme Court of North Carolina · 1884
- State v. . PowellSupreme Court of North Carolina · 1888
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3Cited by17 opinions
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- Maready v. City of Winston-SalemSupreme Court of North Carolina · 1996
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