Smathers v. Commissioners of Madison County
Supreme Court of North Carolina
Civil Aotiow for judgment and mandamus to enforce collection of interest on certain Madison County bonds, held by the plaintiff as receiver of Western Carolina Bank.
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Civil Aotiow for judgment and mandamus to enforce collection of interest on certain Madison County bonds, held by the plaintiff as receiver of Western Carolina Bank. The defense was (1) That the bonds were invalid, being issued without legislative authority for the purpose of funding outstanding county indebtedness; (2) That the constitutional limit of taxation had already been reached by the Commissioners; (3) That the legislative Act of 1881, chap. 398, authorizing the Commissioners to issue these bonds to pay the outstanding indebtedness, had not been passed in conformity to the…
1Opinion of the Court
The cause was moved from Madison County to Transylvania (481) County for trial, and was tried by Coble, J., at September Term, 1899, of the Superior Court, upon an agreed statement of facts.
His Honor rendered judgment for the debt, and the defendants appealed.
The facts and circumstances of the case are fully stated by Mr. Justice MONTGOMERY, who writes the opinion in both appeals.
2Dissent · FairclothFaircloth, C. J.
This action was brought to recover of the defendants certain amounts of money due to the plaintiff Smathers, receiver of the Western Carolina Bank, as interest on certain bonds issued by the commissioners of Madison…
Also in this document: Dissent · Faircloth.
3Cases cited7 opinions
- Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
- State Ex Rel. Tate v. Board of CommissionersSupreme Court of North Carolina · 1898
- Carr v. CokeSupreme Court of North Carolina · 1895
- Commissioners of Stanly County v. SnuggsSupreme Court of North Carolina · 1897
- McCless v. MeekinsSupreme Court of North Carolina · 1895
2 more not listed; retrieve them via the Exa API.
4Cited by18 opinions
- Glenn v. . WraySupreme Court of North Carolina · 1900
- Storm v. Town of Wrightsville BeachSupreme Court of North Carolina · 1925
- Black v. CommissionersSupreme Court of North Carolina · 1901
- Road Commissioners v. Bank of AsheSupreme Court of North Carolina · 1921
- Black v. . CommissionersSupreme Court of North Carolina · 1901
13 more not listed; retrieve them via the Exa API.