Bank of Statesville v. Town of Statesville
Supreme Court of North Carolina
Civil Action tried at August Special Term, 1879, of Iredell Superior Court, before Gudger, J. The plaintiff bank brought this action to recover the amount alleged to be due from the defendant town on account of the non-payment of certain coupon bonds issued by the defendant in aid of the construction of the Atlantic, Tennessee and Ohio railroad. Verdict and judgment for plaintiff, appeal by defendant.
1Opinion of the CourtSmith, C. J.
By an act of the general assembly, ratified and taking effect on January 26th, 1861, the town of States-ville was re-incorporated with prescribed boundaries, and its government committed to a board, consisting of a town magistrate and four commissioners, to be chosen by the electors therein, on the last Monday in February following, and every two years thereafter, on the same day. Acts 1860-61, ch. 176.
It is enacted in section 7, that the said town magistrate and commissioners, or a majority of them, shall have full power and authority, by and with the consent of the majority of the voters…
2Cases cited5 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Block v. CommissionersSupreme Court of the United States · 1879
- Belo v. Commissioners of Forsythe CountySupreme Court of North Carolina · 1877
- Pompton v. Cooper UnionSupreme Court of the United States · 1879
- Scipio v. WrightSupreme Court of the United States · 1880
3Cited by2 opinions
- D'Esterre v. City of New YorkCourt of Appeals for the Second Circuit · 1900
- Johnston v. . SmithSupreme Court of North Carolina · 1882