Highway Commission v. C. N. Malone & Co.

Supreme Court of North Carolina

Highway Commission v. C. N. Malone & Co.

92 S.E. 719, 173 N.C. 685, 1917 N.C. LEXIS 371

DecidedMay 30, 1917

StatusPublished

This text of 92 S.E. 719 (Highway Commission v. C. N. Malone & Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Highway Commission v. C. N. Malone & Co., 92 S.E. 719, 173 N.C. 685, 1917 N.C. LEXIS 371 (N.C. 1917).

Pincite

Opinion

Walker, J.

This was a controversy submitted without action, under the provisions of the statute, to determine the validity of certain bonds to the amount of $5,000, issued for public road and street purposes, by the highway commission of Elkin Township, Surry County. The defendants contracted to purchase the bonds, but there being doubt as to their validity, the matter was submitted for the decision of the court upon facts agreed.

*686 The court held that the bonds were valid, and entered judgment accordingly. The act authorizing the issue of these bonds was passed 9 January, 1917. The single question stated foi’ the opinion and judg-rnent of the court is whether the recent amendments to the Constitution took effect on 7 November, 1916, or 10 January, 1917, it being the same question decided, in Reads v. City of Durham, ante, 668, which shows that the decision of the court in this case was correct, and this being so, we must affirm the same.

A firmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Walker, J.

This was a controversy submitted without action, under the provisions of the statute, to determine the validity of certain bonds to the amount of $5,000, issued for public road and street purposes, by the highway commission of Elkin Township, Surry County. The defendants contracted to purchase the bonds, but there being doubt as to their validity, the matter was submitted for the decision of the court upon facts agreed.

*686 The court held that the bonds were valid, and entered judgment accordingly. The act authorizing the issue of these bonds was passed 9 January, 1917. The single question stated foi’ the opinion and judg-rnent of the court is whether the recent amendments to the Constitution took effect on 7 November, 1916, or 10 January, 1917, it being the same question decided, in Reads v. City of Durham, ante, 668, which shows that the decision of the court in this case was correct, and this being so, we must affirm the same.

A firmed.

Cite This Page — Counsel Stack

Bluebook (online)

92 S.E. 719, 173 N.C. 685, 1917 N.C. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/highway-commission-v-c-n-malone-co-nc-1917.