Underwood v. Town of Asheboro
Supreme Court of North Carolina
Appeal by plaintiff from Biggs, J., from Randolph, heard at chambers in Asheboro, 10 May:, 1910. On 10 February, 1910, the board of commissioners of the town of Asheboro passed a resolution, without submitting the same to a vote of the people, to issue $50,000 in bonds of the town, due thirty years after date and bearing 5 per cent interest, for the purpose of providing a system of waterworks and sewerage for said town.
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Appeal by plaintiff from Biggs, J., from Randolph, heard at chambers in Asheboro, 10 May:, 1910. On 10 February, 1910, the board of commissioners of the town of Asheboro passed a resolution, without submitting the same to a vote of the people, to issue $50,000 in bonds of the town, due thirty years after date and bearing 5 per cent interest, for the purpose of providing a system of waterworks and sewerage for said town. The plaintiff, a taxpayer of said town, brought this action to restrain the issuing of said bonds. The court decided that the purpose contemplated by the resolution was a…
1Opinion of the CourtClark, C. J.
Upon the facts agreed, which the judge found to be true, it appears that the population of the town of Ashe-boro is about 2,000; that the assessed value of the real and personal property in the town is $752,767 and there are 312 taxable polls; that the bonded indebtedness already existing is $15,000; that by virtue of special elections authorized by the General Assembly, the town levies 50 cents on the $100 of prop erty and $1.50 on tbe poll for graded-scbool purposes, and 25 cents on tbe $100 and 75 cents on tbe poll for general, street and other purposes.
It is further agreed and found as…
2Cases cited1 opinion
- Wharton v. City of GreensboroSupreme Court of North Carolina · 1907
3Cited by9 opinions
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- Pritchard v. Board of CommissionersSupreme Court of North Carolina · 1912
- Swindell v. Town of BelhavenSupreme Court of North Carolina · 1917
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