Mathews v. Commissioners of Sampson County

5 S.E. 742, 99 N.C. 69

• Court: Supreme Court of North Carolina
• Decided: February 5, 1888
• Status: Published

Opinion

MerrimoN, J.

It is alleged in the complaint that the taxes complained of, were, for numerous causes stated, levied illegally, but it is not alleged or contended that they were “ levied or assessed for an illegal or unauthorized purpose.”

Indeed, so far as appears, the purpose was a proper and lawful one. The Court therefore had no authority to grant relief by injunction, as has been expressly decided in the R. & G. Railroad Company v. Lewis, and Mace v. Commissioners, decided at the present term. This case is in all material respects like and must be governed by those cases.

There is error in that the Court granted the injunction.

Let this be certified to the Superior Court, to the end that further proceedings may be had in the action according to law.

Error.